DA Mulroy Seeks Death Penalty in Ezekiel Kelly Case

Shelby County, TN— This morning (March 27), the Shelby County District Attorney General’s Office filed in court a notice seeking the death penalty in the Ezekiel Kelly case.

Under the law, any first-degree murder conviction is eligible for the death penalty if one or more statutorily defined aggravating factors are present. In this case, our office has identified four such aggravating factors that we allege to be present (TCA 39-13-204(i)):

1.       The defendant was previously convicted of one or more felonies, other than the present charge, whose statutory elements involve the use of violence to the person.

2.      The defendant committed “mass murder,” which is defined as the murder of three or more persons whether committed during a single criminal episode, or at different times within a 48 month period.

3.      The murder was committed in the course of an act of terrorism (see TCA 39-13-805 Commission of Act of Terrorism).

4.      The murder was committed at random, and the reasons for the killing are not obvious or easily understood.

In this case, the defendant allegedly went on an hours-long, apparently random murder spree, killing three people and seriously wounding three more.

“I’ve made no secret of my opposition to capital punishment as a policy matter. If I were a legislator, I would vote against it. But as DA, I have to enforce the law as written, even if I disagree with it,” said DA Mulroy. “The facts of this case compel me to seek the maximum penalty provided under the law, regardless of my personal beliefs.”

The SCDAG Office has provided discovery to the defense and will continue to work cooperatively with the defense and prosecute this case in court, in order to see that justice is done.