MEMPHIS, Tenn. (AP) — A Tennessee man who has decided to represent himself against capital murder charges in the deaths of three people during a daylong series of shootings in Memphis told a judge Tuesday that he needs more time to review the evidence against him.
A judge in January granted a request by Ezekiel Kelly to serve as his own lawyer on more than two dozen charges in the September 2022 shootings that left three people dead and three others wounded. The shootings led to a citywide shelter-in-place order and a frantic manhunt.
Kelly, 22, had been represented by private attorneys. Kelly made his unusual request about six months before his trial, which is scheduled for July 14, and the lawyers are now helping Kelly with his case in an advisory capacity.
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Kelly has pleaded not guilty to charges including first-degree murder and attempted murder. Prosecutors have said they plan to seek the death penalty if he’s convicted of first-degree murder.
During a brief hearing Tuesday, Kelly told Shelby County Judge James Jones Jr. that he needs more time to access jail computers to review the state’s evidence against him in the shooting rampage, which was livestreamed on social media as police said he drove around the city in stolen cars. Jones set a hearing for Feb. 11.
During a January hearing, the judge determined Kelly was competent to represent himself. Michael Scholl, who served as Kelly’s lawyer before Kelly decided to serve as his own counsel, said outside court Tuesday that while he could not say why Kelly made the move, Kelly and he got along well and there were no problems between them.
Scholl said there are thousands of pages of evidence and more than 350 videos that Kelly will need to review on a computer before trial. Scholl said he has not been in this situation in his 32 years as a lawyer.
“I don’t advise anybody to represent themselves in any case,” Scholl said. “Lawyers usually don’t represent themselves in their own cases because it’s too emotional. Especially in a death penalty case, it takes a lot of years to learn the ins and outs and the requirements that the courts have before you can handle one of these cases.”
In a statement, Shelby County District Attorney Steve Mulroy said “competent defendants have the right to represent themselves, but it isn’t advisable, especially in a death penalty case.”
“We’ll make sure that he gets a fair trial, and that justice is done in this case,” Mulroy said.
Kelly has been charged in the deaths of Dewayne Tunstall, Richard Clark and Allison Parker.
At least three witnesses saw Kelly shoot Tunstall during a gathering at a Memphis home at about 1 a.m. on Sept. 7, 2022, according to a police affidavit. Clark and Parker were shot later that day, authorities said.
Police said three other people were wounded in the shootings. A motive for the shootings was not clear. An indictment also charges Kelly with reckless endangerment with a deadly weapon, commission of an act of terrorism, theft of property and evading arrest.
The shootings led to the shutdown of Memphis’ public bus system, the lockdown of two college campuses and the stoppage of a minor league baseball game.
Kelly carjacked at least two vehicles before he was arrested when he crashed a stolen car while fleeing police, authorities said.
Parker was a mother of three who worked as a medical assistant at a clinic in nearby West Memphis, Arkansas.
Clark worked as a campus safety officer at Christian Brothers University after retiring from a career as a corrections officer.
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