Nia Hinson
EDITOR’S NOTE: The charge the jury convicted Spivey of has been corrected.
COLUMBIA, Mo. (KMIZ)
A Columbia man was acquitted of murder but found guilty of having a weapon illegally Thursday after a four-day trial.
Kimo Spivey, 35, was charged with first-degree murder, illegal gun possession, two counts of unlawful use of a weapon and two counts of armed criminal action. He was accused of killing Melvin Hooker III outside of Plush Lounge in May 2023.
Jury deliberations began just after 10:30 a.m. Thursday, after closing arguments ended. Jurors came back with a verdict about six hours later, finding Spivey not guilty of murder and other counts and convicting him on a charge of unlawful possession of a weapon.
Spivey’s attorney, Joe Flees, told ABC 17 News after Thursday’s verdict he was pleased with the jurors decision.
“There’s no disputing that it’s tragic, but it wasn’t caused by Mr. Spivey. As we said throughout the trial, he was always acting in self-defense in that situation,” Flees said. “He wishes he never had a firearm in his possession that day, obviously, but he is not a killer as he was described in court.”
Boone County Prosecutor Roger Johnson said the prosecutor’s office cannot comment on the case until final disposition. A sentencing date has been set for Sept. 9.
Flees, had urged jurors to take into consideration the fact that Spivey was a victim himself. Flees said Hooker had threatened Spivey, saying “you can get it too.”
Flees highlighted Spivey’s statement that he wished he had left the nightclub the night of the deadly shooting during his testimony on Wednesday.
“He could’ve called the police. He knows that. He told you that,” Flees said. “He said he just wishes he would’ve went home. In that moment, he thought that he would assess the situation, that he defused that situation, and he was wrong. But it doesn’t make him guilty of these offenses.”
Flees also argued that video surveillance and zoomed-in screen shots from surveillance show Spivey retreating after the shooting to receive care after he had been shot. Flees also reminded jurors that many of the witnesses who took the stand throughout the trial have not been able to identify who fired the deadly shot.
Spivey testified that he was working as a manager at the nightclub at the time, and was notified of a disturbance in the parking lot that involved guns. He claims he went to check on one of the security guards, who he has heard had been “jumped on” by Hooker.
Throughout the trial, the prosecution has emphasized Spivey’s previous felony convictions. That argument did not change during closing arguments on Thursday.
During cross-examination on Wednesday, Spivey told prosecutors he did not remember how many bullets were inside his gun that night, or where he purchased the gun. He also said he had never shot the gun before in his roughly five years of having it and claimed he only remembered shooting it twice the night of the shooting.
A Columbia Police Department investigator said four shell casings were found. Assistant Boone County Prosecutor Tony Gonzalez asked jurors on Thursday to ask themselves if it’s reasonable to believe a person with that history can be trusted. He said Spivey changed his testimony multiple times.
Gonzalez also pushed back against the defense’s claims that Spivey was a victim. Gonzalez called Spivey, along with two other men charged in the case, the “initial aggressors” because they allegedly approached Hooker with guns first.
“How does anybody know he’s anybody but a person that’s carrying a weapon with a 40 shot extension? Gonzalez said. “That’s just to me, and to any reasonable person, it’s a person walking through a lot with a loaded gun extended.”
Gonzalez also said that while felons have a right to protect themselves, it has to be within reason. He also said Spivey should never have inserted himself into the situation.
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. Gonzalez told ABC 17 News he was not in police custody as of Wednesday.
While Flees argued that evidence could not depict exactly who fired the deadly shot, Gonzalez argued that Moss, Spivey and Simpson acted together in killing Hooker.
Flees also said the shooting happened within seconds of the group of people arguing, indicating there was no time for Spivey to conspire with the other suspects to kill Hooker. Gonzalez pushed back against this, saying the law doesn’t define how much time a person has to decide to shoot.
The defense also said drugs were found in Hooker’s system after an autopsy was completed. He said Hooker isn’t the lawful guy the prosecution is trying to make him seem to be because he allegedly was hitting his girlfriend, which prompted Spivey and others to head toward the back of the parking lot and eventually resulted in the deadly shooting.
A security guard testified earlier in the week, claiming Hooker fought with him after he saw him hitting his girlfriend. Hooker’s girlfriend also testified and said she and Hooker had been fighting.
Another one of the defense’s witnesses– Bernesha Rogers– claimed during her testimony on Wednesday that Hooker had flirted with her earlier in the night and claimed she saw Hooker choke his girlfriend.
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