Plush Lounge murder suspect’s jury trial begins
Marie Moyer
COLUMBIA, Mo. (KMIZ)
The defense attorney for a Columbia man charged with first-degree murder claims the man acted in self-defense.
The jury trial for 35-year -old Kimo Spivey began Monday morning, launching the start of what’s expected to be a four-day jury trial.
Spivey 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 in the death of Melvin Hooker III outside Plush Lounge in Columbia in 2023.
During Monday’s opening arguments, Spivey’s attorney Joseph Flees claimed he acted in self-defense and had no intent to kill Hooker.
“There’s no deliberation. No intent to harm, no evidence here in this trial that he was trying to work together with the others,” Flees said.
However, Assistant Boone County Prosecutor Tony Gonzalez said Spivey, along with the other two men involved in the case are felons and should have never been in possession of a gun.
“There was no reason for these men to do what they did,” Gonzalez said. “They started the situation. They were the aggressors.”
Monday’s trial began at 8 a.m. with a panel of 92 potential jurors filing into the courtroom just after 9 a.m. The prosecutor, judge and defense attorney on the case then began asking a series of questions to jurors, geared toward wielding down the jury pool to 12. A jury was selected around 4 p.m. Court adjourned at 5 p.m.
Several questions included whether potential jurors were a victim of a violent crime or knew someone who was, and if they had strong opinions toward gun use and possession.
There was also inquiry about whether the jurors would feel comfortable viewing photos and videos from the homicide scene.
Several jurors stated they couldn’t confidently say they wouldn’t allow their personal beliefs toward guns allow them to be fair toward both parties, if selected on the jury. Some potential jurors also expressed uneasiness toward viewing graphic scene video.
Shortly after the court went into recess for lunch, the defense, prosecuting attorney and judge agreed upon dismissing several potential jurors from being selected. A handful of people in the jury pool were also dismissed early-on in Monday’s trial due to various personal reasons.
Court is expected to reconvene Tuesday at 8 a.m.
Columbia man Samuel Moss Jr. pleaded guilty in April 2024 to unlawful use of a weapon and was sentenced to 15 years in prison. Justin Lamar Simpson, 42, was 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.
Court documents in previous reporting say a witness allegedly told police Hooker was involved in an argument with a group of people and then went to the passenger side door of his car to get a gun.
In previous reporting, Moss and Spivey reportedly approached Hooker and shot at him while Simpson shot from Plush Nightclub’s doorway. A witness also allegedly told law enforcement that they saw “Spivey shoot and kill hooker.”
Spivey is also charged in another case for second-degree domestic assault, third-degree assault, three counts of delivery of a controlled substance and a count of drug possession. A pretrial conference in that case is set for Monday, Sept. 8.