Shelby County District Attorney's Office Annual Report 2022/2023
Shelby County District Attorney's Office Annual Report 2022/2023
Annual
Report
ONE YEAR REVIEW | SEPT. 2022-SEPT. 2023
STEVE MULROY
SHELBY COUNTY DISTRICT ATTORNEY’S OFFICE |
ANNUAL REPORT 2023
DA’s
Message
I took office September 2022 with a mandate to
change practices from the last several decades.
To say that this first year in office was
challenging would be a stark understatement.
In my first week, we saw the tragic Eliza Fletcher
kidnapping/murder case; and the multi-hour
“Facebook Live” shooting spree leading to
charges against Ezekiel Kelly; both receiving
national, even international, attention. That
December saw a record number of Officer-
Involved Shootings. The next month saw the Tyre
In the pages that follow, you’ll read about
Nichols case again put our office in the new initiatives refocusing on violent crime;
international spotlight. The months following saw new partnerships with MPD on Cold Cases
continued rises in crime, particularly auto thefts and Organized Retail Theft; new initiatives in
and break-ins. Juvenile Court on Auto Thefts and Break-Ins;
and ways we’re working to move cases
Yet silver linings emerge. We rose to the early through the system faster. You’ll also read
challenges, which prepared us well for about how we’ve become the most
challenges to come. We took swift and decisive transparent, and racially diverse, DA’s Office
action in the Eliza Fletcher and Ezekiel Kelly in Shelby County’s history; how we’re working
cases, demanding the ultimate penalty. We with national experts on best practices to
created a new Justice Review Unit which, among intervene meaningfully in defendant’s lives so
other things, has given us an independent they don’t repeat their crimes. And how
consideration of Officer-Involved Shootings, and recognizing that we have a crime crisis, I
a revolutionary new transparency policy
convened the key criminal justice decision-
providing quick public release of video footage.
makers at a Public Safety Summit to come up
That quick release occurred in Tyre Nichols’
with consensus priority strategies and much
case. But because we first brought charges
against the officers involved (in record time),
more.
Memphis didn’t burn—and neither did the other
cities around the nation seeing massive protests. We won’t bend the curve on crime, or
National commentators called our handling of the straighten out a broken system, overnight.
case a “blueprint” for the nation. But we will get there, with your help.
And the work continued, on both Crime and We’ll work ceaselessly to do both. And there’s
Reform. There are those who see those two more to come.
goals as contradictory, when they’re in fact
complementary. Reform restores public
confidence in the fairness of our system, which is
understandably low after years of neglect. That
renewed public confidence encourages the
community to cooperate with law enforcement
more—giving tips, reporting crimes, serving as
witnesses. And it’s that cooperation that’s most
important to flattening, and then lowering, the
Crime curve.
KEY HIGHLIGHTS
“Fast Track” Violent Cases: We’ll identify all files involving Murder, Robbery, Carjacking,
attempts to commit those crimes, and Aggravated Assault where a shot is fired.
Prosecutors will have tighter deadlines to get those cases to a Preliminary Hearing, to get
Indictments, and to ultimately dispose of the case. Prosecutors will also have to regularly
consult with law enforcement, listen to jail calls, and check the defendant for possible
crimes in other jurisdictions, as appropriate.
The Justice Review Unit (JRU) is an independent unit that does not work regularly with law
enforcement or the rest of the office, housed physically separate and reports directly and
solely to the DA. JRU looks for potential wrongful conviction and wrongful sentence cases. It
also provides independent recommendations in Officer-Involved Fatality cases where the
DA brings in the TBI for an independent investigation.
We’ve hired over 85 new employees, including 40 new prosecutors. Among staff, persons of
color increased 10 percent, from 30 percent to 40 percent. Among prosecutors, the
increase was by a third, from 15 percent to 20 percent. The number of attorney supervisors
of color has doubled.
Reorganization We’ve disbanded the Special Prosecution Unit, distributing all felony cases
more evenly among Vertical Teams and various Criminal Courts. We’ve folded the
Environmental Unit into the Economic Crimes Unit to make staff less top-heavy. We’ve
distributed Murder and similarly challenging cases more evenly among all prosecutors,
including those not assigned to Vertical Teams. The office has also created and filled two
new positions: a Grants Coordinator and a Chief Data Officer.
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SHELBY COUNTY DISTRICT ATTORNEY’S OFFICE | ANNUAL REPORT 2023
ABOUT THE
OFFICE
Prosecutors 120
OFFICE: UNITS
Court (for misdemeanor and pretrial
matters) and a specific Criminal Court (for
felony trials). In addition, we have six
specialty units.
DUI UNIT
Prosecutes all driving-under-the-
influence cases in the Criminal Courts.
Through a united effort with local law
enforcement, the unit seeks to reduce
the number of DUI-related fatalities.
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SHELBY COUNTY DISTRICT ATTORNEY’S OFFICE | ANNUAL REPORT 2023
FAST FACTS
Misdemeanor 33,034
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SHELBY COUNTY DISTRICT ATTORNEY’S OFFICE | ANNUAL REPORT 2023
CASES
Each is a priority in our office as we seek
justice for victims. However, in the past
year there have been several cases that
received local and national attention.
ELIZA FLETCHER
On September 2, 2022, beloved mom, wife,
and teacher Eliza Fletcher was forcibly
abducted during her morning run. Memphis
united in its search to find her and then united
in shock and grief when her body was found
two days later behind a vacant house.
TYRE NICHOLS
On January 7, 2023, Tyre Nichols was stopped by
a few Memphis Police officers and subsequently
chased and beaten. He died three days later.
Memphis and the world watched the video of the
horrific incident. This office took swift action and,
within three weeks of the incident, indicted five
Memphis Police Officers for Second Degree
Murder, Aggravated Kidnapping, and Official
Misconduct charges.
“We have a precedent that has been set here in Memphis, and we intend to hold
this blueprint for all America from this day forward.”
-Ben Crump, Civil Rights Attorney | Attorney of Family of Tyre Nichols
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SHELBY COUNTY DISTRICT ATTORNEY’S OFFICE | ANNUAL REPORT 2023
NOTABLE CASES
EZEKIEL KELLY Ezekiel Kelly
Ezekiel Kelly is facing 28 charges encompassing three charges
of first-degree murder, aggravated robbery, numerous counts
of reckless endangerment, and a terrorism charge following a
shooting spree in 2022.
Prior to District Attorney Mulroy taking office, there was only one
conviction review unit in Tennessee, created in 2016 in Davidson
County (Nashville).
In 2023, the Shelby County DA's Office created the Justice Review
Unit (JRU), Tennessee's second conviction review unit and the first
to include wrongful sentences and convictions in its mandate. The
JRU is an independent unit within the DA's Office-housed
separately from the rest of the office.
The DA has also assigned the JRU the task of making independent
recommendations regarding possible prosecution of law
enforcement officers in Officer-Involved Fatality cases.
ARTIS WHITEHEAD
In 2003, Artis Whitehead was convicted of the daytime armed robbery of B.B. King’s nightclub, with
seven employees and patrons present. Whitehead received a 249-year sentence.
In 2007, the Tennessee Innocence Project took over Artis Whitehead’s petition for post-conviction
relief and filed a “coram nobis” petition alleging newly discovered evidence.
On September 26, 2023, JRU filed an Answer to the petitions, which agreed with some of the positions
taken by the Tennessee Innocence Project regarding Mr. Whitehead’s potential misidentification at
trial. Only two of the seven employees present during the robbery identified Mr. Whitehead. One has
since recanted that identification, and there are reasons for questioning the other, including witness
testimony at trial indicating that the actual assailant was much shorter and lighter than Mr. Whitehead.
Further errors at trial included a conflict of interest by Mr. Whitehead’s trial counsel, deviations from
accepted police practices and procedures, and, indeed, newly discovered evidence involving an
alleged anonymous tipster who was a paid police informant.
Taken together and seen through the lens of the evolving science of misidentification to which two
expert witnesses testified, the State lost confidence in the verdict against Mr. Whitehead. We
conceded this to the Court and did not oppose a new trial. The Court has since granted a new trial.
DA Mulroy has since decided not to re-try the case, citing significant doubt about the evidence of
guilt.
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SHELBY COUNTY DISTRICT ATTORNEY’S OFFICE | ANNUAL REPORT 2023
PRIORITIES
COMMUNITY
SAFETY TRUST
ENGAGEMENT
+ + FAIRNESS +
SERVICE TRANSPARENCY
OUTREACH
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SHELBY COUNTY DISTRICT ATTORNEY’S OFFICE | ANNUAL REPORT 2023
A SAFER SHELBY
COUNTY
We know that a small number of repeat violent offenders are responsible for a large percentage of our violent
crimes. In our first year, we have adopted policies and practices designed to improve safety by refocusing on
violent crime and increasing the speed at which cases are resolved.
DEEMPHASIZE CERTAIN
2 NONVIOLENT OFFENSES
Deemphasize prosecutions for marijuana
possession and unpaid fines and fees, to
better focus on violent crime.
SAFETY + SERVICE:
SUPPORTING VICTIMS
One of the District Attorney’s Office's leading
roles is to support crime victims. We do that in
several ways, including assisting victims through
HIGHLIGHTS
the court process, informing them of their rights
in the criminal justice system, and advocating for Secured free parking for victims and
them through each step of a criminal case. witnesses.
Victim and witness coordinators play a crucial Partnered with the Crime Victims and Rape
role in providing vital support and assistance to Crisis Center to house an advocate in the
victims of crime and witnesses involved in legal courthouse to connect victims who appear in
proceedings. Their primary objective is to ensure court to services.
that victims and witnesses are treated with
compassion, respect, and sensitivity throughout
the criminal justice process.
Since September 2022, VW coordinators have Obtained grant to fund a National Crime
Victims’ Rights Week campaign.
served more than 13,000 new victims while still
offering support to victims in previous cases that
precede 2022.
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SHELBY COUNTY DISTRICT ATTORNEY’S OFFICE | ANNUAL REPORT 2023
COMMUNITY OUTREACH
Our office has a community engagement team consisting of our community affairs director, Environmental
Court staff, expungement attorney, and two prosecutors assigned full-time to select precincts in Shelby
County. The Community Engagement Unit organizes several events throughout the year to connect our office
with the public.
RESTORATION SUNDAY
Our office along with several other Shelby
County Offices, gather to host quarterly clinics
that handle child support issues, restore driver’s
licenses, offer education opportunities, job
recruitment and possibly expunge minor
convictions related to Shelby County.
Restoration Saturday affects thousands of
Shelby County residents each year.
EXPUNGEMENT CLINICS
Expungement is the legal process through which an individual's criminal record is sealed or
erased, effectively giving them a clean slate. This process is crucial for those who have made
mistakes in the past but are committed to turning their lives around. A criminal record can be a
significant barrier to employment, housing, education, and various other opportunities, making
it difficult for individuals to reintegrate into society.
This year, our office hosted six expungement clinics and resource fairs assisting more than
1200 Shelby County residents.
CLERGY LUNCHEONS
Our office partners with local churches to host a
quarterly Minister’s Luncheon where clergy and law
enforcement officials can get together to speak about
community initiatives and crime prevention.
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SHELBY COUNTY DISTRICT ATTORNEY’S OFFICE | ANNUAL REPORT 2023
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SHELBY COUNTY DISTRICT ATTORNEY’S OFFICE | ANNUAL REPORT 2023
By prioritizing fairness, the District Attorney aims to rectify historical disparities and biases that have
disproportionately affected marginalized communities in Shelby County.
RESTORATIVE JUSTICE
DA’S COMMUNITY JUSTICE PROGRAM
The Community Justice Program (CJP) is a grassroots alternative to traditional
prosecution aimed at restoring victims and communities impacted by crime. Its mission is
to unite the victim, the responsible party, and the community so that all parties can work
together to make the victim whole, curb future offenses, and give the community a larger
role in the criminal justice process.
Cases are referred to the CJP by prosecutors who would otherwise handle the cases in
court. If the participant completes the requirements ordered by the CJP, the case will be
returned to prosecutors, who will then dismiss the case and help get the criminal charge
expunged The program has expanded by adding two additional community justice
advocates responsible for providing services for the CJP.
In addition, the CJP is partnering with the American Prosecution Association to pioneer a
cutting-edge restorative justice program focusing on shoplifting cases, assisted by a
$50,000 grant from the APA.
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SHELBY COUNTY DISTRICT ATTORNEY’S OFFICE | ANNUAL REPORT 2023
LEGISLATIVE EFFORTS
POST-CONVICTION JURISDICTION
Another recent legislative change attempted to remove
jurisdiction from certain post-conviction proceedings from locally-
elected DA’s statewide. Even though those cases are conducted
in the local trial courts, the legislature attempted to appoint the
unelected Nashville-based Attorney General as the representative
of the State of Tennessee. In Shelby County Criminal Court DA
Mulroy personally argued the Motion to Disqualify the Attorney
General on the basis that the new statute was unconstitutional.
Not only was the legislature’s process to pass the law less than
transparent, but it violated the Constitution since people have the
right to be prosecuted in a court with a locally-elected judge by a
locally-elected prosecutor.
DA Mulroy argues the constitutional
challenge to the new capital post- DA Mulroy was successful in the trial court before Judge Paula
conviction law. Skahan, and looks forward to continuing to represent the people
of Shelby County as this case moves into the appellate courts.
FRIENDS OF GEORGE’S
DA’s are required to enforce the criminal laws as passed by the state legislature. While they have
discretion on how to deploy resources, they are not permitted to just ignore categories of crimes.
The state legislature passed a new law that criminalized drag performances, and require DA Mulroy
to prosecute people arrested for those new crimes. DA Mulroy was sued by Friends of George’s, a
local production company renowned for its humorous stage shows including performers in drag in
order to try to prevent the law from going into effect. Representing DA Mulroy, the Attorney General
argued strongly in favor of the need for the law and its constitutionality, but United States District
Thomas L. Parker nonetheless entered orders to prevent DA Mulroy from enforcing this
unconstitutional law. DA Mulroy was glad that he “lost” this case.
BLENDED SENTENCING
Working with the Crime Commission and key legislators like Sens. Raumesh Akbari (D-Memphis) and
Brent Taylor (R-Germantown), DA Mulroy supported a “blended sentencing” bill in the 2023 General
Assembly. “Blended sentencing” would allow serious juvenile offenders to be detained or supervised
on probation past the age of 19 (where Juvenile Court jurisdiction currently ends) through age 24.
Sponsored by Sen. Taylor, the bill passed the Senate unanimously. It currently awaits action by the
House.
PARTNERSHIPS + COLLABORATIONS