Spivey takes stand during day 3 of Columbia murder trial
Nia Hinson
COLUMBIA, Mo. (KMIZ)
A Columbia homicide suspect claims he used lethal force because he feared for his life.
Kimo Spivey, 35, of Columbia is charged with first-degree murder, illegal gun possession, two counts of unlawful use of a weapon and two counts of armed criminal action. He’s accused of killing Melvin Hooker III outside of Plush Lounge in May 2023.
Spivey took the stand during the third day of his trial Wednesday, where he told the jury he shot out of self-defense. Spivey claimed he was working as the manager at Plush Lounge the night of the deadly shooting.
He claimed the bar was closed but was staying open late for an event. He said he sat in his vehicle waiting to decide if he was going to leave for the night, when he was told about a disturbance coming from the back of the parking lot. He claimed that disturbance involved Hooker, who allegedly “jumped on” one of his employees.
Spivey said he went to see what was going on when he saw Hooker reach into his vehicle for a gun, and eventually point the gun toward him. Spivey said he then shot back because he feared for his life, but never set out to kill Hooker.
“it wasn’t uh intentionally like. And I’m about to kill this dude. I fired because I was literally in fear. I didn’t know what he was gonna do, but like I said, he was being very aggressive. He was coming at me for a reason, I don’t even know why.”
Spivey also claimed he was “positive” Hooker is the one who shot him.
The prosecution pushed back and questioned why Spivey was in possession of a gun when he is a felon. He claimed he kept the gun for protection and had never shot it before that night.
Surveillance footage displayed during the trial also revealed the victim and at least one of the suspects charged briefly encountered each other before the deadly shooting.
Prosecutors on Wednesday played surveillance footage from outside the nightclub on the night of the shooting. The video showed Hooker walk up to a red truck registered to Spivey a little before 1 a.m., a Columbia Police Department investigator testified. According to previous reporting, police responded to the scene around 2:15 a.m.
The video shows Hooker appear to talk to someone inside of the truck briefly, before walking away toward the front of the door to the club. The video did not include audio. Spivey claimed the two were talking because Hooker was not allowed into the club that night due to him acting violently in the past.
Footage played in the courtroom also shows a group of people involved in an argument before several people began shooting.
The defense filed a motion for acquittal Wednesday, as well. The judge denied the motion.
Three people were charged in the shooting. Samuel Moss Jr., of Columbia, pleaded guilty in April 2024 to unlawful use of a weapon and was sentenced to 15 years in prison.
Justin Lamar Simpson, 42, is charged with second-degree murder, unlawful use of a weapon, two counts of armed criminal action and illegal gun possession. His next court date was not listed on Casenet. Assistant Boone County Prosecutor Tony Gonzalez said Simpson was not in custody as of Wednesday.
CPD detective Joe Mueller who worked the case, and Boone County medical examiner Keith N Norton testified as the state’s last two witnesses on Wednesday. Mueller watched through surveillance footage from the nightclub the night of the shooting as part of the investigation.
On Wednesday, he walked jurors through each point in the video, pointing out where he observed shell casings on scene.
The medical examiner said Hooker’s autopsy results revealed there were drugs in his system, but ruled his death a homicide after bleeding to death from a gunshot wound to his chest.
Court will resume Thursday morning at 8:30, when the jury is expected to receive the case.