Jazsmin Halliburton
COLUMBIA, Mo. (KMIZ)
A Columbia man found not guilty of murder by a jury was sentenced to 10 years with credit for time served Tuesday morning at the Boone County Courthouse for another charge after his involvement in a deadly shooting at a Columbia club in 2023.
Kimo Spivey was sentenced for illegal gun possession in connection with the deadly shooting at Plush Lounge in May 2023 that killed Melvin Hooker III.
The 10-year sentence was the sentencing recommendation made by the state. The state argued Spivey’s previous convictions — including assault and driving with a suspended license — show a level of danger and that he is reckless.
“In his life he’s had exactly 10 misdemeanor convictions and four felony convictions,” said Tony Gonzalez, assistant Boone County prosecuting attorney
Spivey’s lawyer requested a seven-year sentence plus time served. He argued Spivey acknowledges the part he played in the May 2023 shooting and knows he had to face a punishment for it.
“Anytime he picks up a gun, he is in the wrong. He knows that his relationship with firearms is over and he’s been reflecting on that for 854 days. He’s also been reflecting on Mr. Hooker for 854 days,” Joe Flees, Spivey’s lawyer, said.
Flees said they hoped for a better outcome Tuesday, but they came prepared .
“We kind of thought that this was going to go, with the higher end. He just hopes to move past this at the end of the day and hopes everybody that’s involved can can move forward,” Flees said.
In June, the jury deliberated for about six hours and found Spivey not guilty of first-degree murder, unlawful use of a weapon and armed criminal action. However, the jury did find him guilty of unlawful possession of a weapon because he is a felon.
Spivey was a manager at Plush Lounge at the time of the shooting and was told of a disturbance involving guns in the parking lot. According to witness statements during the trial, Hooker was hitting his girlfriend when security stepped in, causing a fight.
In Spivey’s testimony, he told the jury that he went outside and saw Hooker reach into his car for a gun and eventually pointed it towards him. Spivey said he shot back because he feared for his life.
Surveillance video showed Spivey retreating after the shooting to receive care because he had been shot. Spivey’s defense reminded jurors that many of the witnesses who took the stand throughout the trial were not able to identify who fired the deadly shot that killed Hooker.
Columbia man Samuel Moss Jr. pleaded guilty in April 2024 to unlawful use of a weapon and was sentenced to 15 years in prison for his involvement. 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. He is not in police custody.
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