MEMPHIS, Tenn. (WMC) – Ezekiel Kelly, the man accused of carrying out a deadly shooting spree in the Memphis subway two years ago, appeared in court again Monday to testify about the evidence found in his case.

Kelly faces a total of 28 charges in Shelby County, including three counts of first-degree murder, aggravated robbery, several counts of reckless endangerment and one count of terrorism.

He also faces charges in DeSoto County.

Back in March, Shelby County District Attorney Steve Mulroy stated that there were four aggravating circumstances for the death penalty.

Kelly’s lawyer Michael Scholl says if the state is seeking the death penalty, it is important to gather all the facts.

“In any case like this where the death penalty is involved, you have to go back to childhood,” Scholl said. “If you ask for the death penalty, that increases the number of things you have to look at. So it’s going to take a while.”

According to the information presented in court, Kelly has a long criminal record as a juvenile; he was first charged at the age of 15.

In 2020, he was first charged as an adult with aggravated assault, in a case in which he was originally charged with first-degree murder.

He served 11 months of that three-year sentence and was released from prison in March 2022, just six months before the deadly rampage.

Scholl says the investigation is ongoing. The next report is due on September 30th.

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