A Boone County jury found Kimo Spivey not guilty of murder in the 2023 killing of Melvin Hooker III outside Plush Lounge.
The jury on Thursday found Spivey guilty of illegal gun possession in connection to the deadly shooting.
Spivey, 35, was found not guilty on charges of first-degree murder, unlawful use of a weapon and armed criminal action.
Spivey’s trial began Monday and included testimony from eyewitnesses, the case’s medical examiner and former lead investigator and Spivey himself. The jury saw evidence including security footage showing the fatal shooting and autopsy details.
Spivey told the jury on Wednesday that he formerly worked as a manager at Plush Lounge. He was one of four suspects charged in the case.
Steven Grimes worked as a security guard at Plush Lounge the night of the shooting. In connection to the shooting, Grimes is charged with tampering and unlawful use of a weapon, claiming self-defense when he took the witness stand Tuesday.
Sam Moss pleaded guilty in April 2024 to unlawful use of a weapon in connection to the shooting and was sentenced to 20 years in prison. Spivey testified he did not know Moss prior to the 2023 shooting.
Authorities are still looking for Justin Simpson, who is charged with second-degree murder, unlawful use of a weapon, two counts of armed criminal action and illegal gun possession. Spivey testified that Simpson worked as a door attendant at Plush Lounge and previously at Gold Bar. The lead investigator testified that Simpson’s gun “was never found” at the scene.
Closing arguments
During closing arguments Thursday, the prosecution argued that Spivey, who had prior charges, should not have had a gun in his possession due to previous felony charges. It also argued that Spivey conspired to kill Hooker alongside others and that he changed his testimony on the witness stand. The prosecution asked the jury to find Spivey guilty on all counts.
”The instructions will also help you find this: Mr. Spivey is a killer,” Assistant Boone County Prosecutor Tony Gonzalez said during closing arguments. “Mr. Spivey is responsible for the death of Melvin.”
The defense argued that Hooker acted violently on the night of the shooting because of the amount of drugs present in Hooker’s system, according to the toxicology report from his autopsy. The defense said that Spivey did not intentionally fire his gun toward Hooker, and it asked the jury to find Spivey not guilty.
“Kimo Spivey acted in self-defense. There was no deliberation. He’s not a killer,” defense attorney Joseph Flees said.
Gonzalez claimed that Spivey said in court he did not know whether his firearm worked, hadn’t used it in several years and that he also didn’t know where he obtained the firearm.
“What’s he doing when he does that? He says, ‘I’m afraid, I thought I might die, so I pull the gun I don’t even know works, and I shot him.’ How does that make sense?” Gonzalez said.
Gonzalez said Spivey should have called the police that night. He also said that Moss, Spivey and Simpson acted together in shooting and killing Hooker.
“In that moment, he thought that we would asses the situation, that he’d defuse that situation,” Flees said, “and he was wrong, but that doesn’t make him guilty of these offenses.”
Flees said the shooting was a result of Hooker’s violent actions and the state he was in.
During the trial, the jury learned that Hooker was denied access into the bar due to previous behavior.
“He sees Kimo, and he starts and turns for him,” Flees said. “Same guy that told him earlier in the night that he can’t come into the club. Same guy that reminded him, ‘Hey, you’ve trespassed before for being violent to security officers.’”
Flees said according to Spivey’s testimony, it was at this point Hooker threatened Spivey and Spivey became worried about the escalating situation.
Flees said Hooker threatened Spivey at that point, saying, “You can get it, too.”
Gonzalez questioned why Spivey did not call the police that night.
“He’s been shot, and he doesn’t say, ‘Some guy just shot me, and I had to shoot him in self-defense.’ How does that happen? How is that reasonable? You know why ... because it’s not true,” he said.
At the end of closing arguments, Flees asked the jury to consider all the evidence, specifically the videos of the shooting.
Gonzalez urged the jury to think about the location of bullet casings, the involvement of Simpson and Moss in the shooting, how he claims the three men conspired to kill Hooker on that night, and Spivey’s previous felony charges.
