Man Sentenced to More Than 17 Years Following Jury Convictions of Voluntary Manslaughter, Unlawful Woundings in 2022 MacArthur Mall Shooting

NORFOLK, Va. — Gary Latrail Moore, 42, was sentenced on Aug. 15 to serve 17 years and three months in prison for the voluntary manslaughter of 33-year-old Roosevelt McKinney and the unlawful woundings of two bystanders when he shot them inside MacArthur Center in 2022 and for violating his probation by committing that shooting.

On April 2, 2022, Mr. Moore and his friend were shopping at a store in Ghent when they encountered two individuals — one of them the nephew of Mr. McKinney — who had a dispute with Mr. Moore’s friend. After the two parties exchanged words, Mr. Moore and his friend left that store and later went shopping downtown inside MacArthur Center.

In a clothing store on the second floor of the mall, Mr. Moore and his friend encountered the same two individuals from earlier. The four men exchanged heated words again, and Mr. Moore and his friend left that store soon after. Mr. Moore and his friend then went to a hat store on the first floor of the mall. Mr. McKinney — who was not present at the previous two confrontations — and Mr. McKinney’s nephew followed them into the hat store, and those four men began to fist fight. After the fight ended, Mr. McKinney and his nephew turned their backs to leave the hat store, Mr. Moore pulled a gun from his bag, Mr. McKinney and his nephew started running, and Mr. Moore began shooting at them. Mr. Moore shot Mr. McKinney three times, once in his leg and twice fatally in his torso, and in the process shot two innocent bystanders in their legs. Mr. McKinney ran out of the mall and across the street before collapsing and dying from his wounds.

Based on their investigation, police charged Mr. Moore with second-degree murder, using a firearm in the commission of murder, two counts of malicious wounding, and two counts of using a firearm in the commission of malicious wounding. Mr. Moore pleaded not guilty to his charges and opted for a jury trial, which took place in August 2024.

Following the Commonwealth’s presentation of evidence against Mr. Moore in that trial, Mr. Moore’s defense counsel moved the Court to strike the charges, arguing that Mr. Moore was acting in self-defense and without malice. Judge Jamilah D. LeCruise, who presided over the trial, ruled that Mr. Moore had acted without malice, reduced the charges to voluntary manslaughter and two counts of unlawful wounding, and dismissed the three related firearm charges which required malice to go forward. Mr. Moore then testified, saying he believed Mr. McKinney to have been armed but admitting that he never saw Mr. McKinney with a gun. The police had recovered a gun from underneath a truck near where Mr. McKinney collapsed, but they could not confirm to whom the gun belonged.

After about five hours of deliberation, the jury found Mr. Moore guilty of the two counts of unlawful wounding but could not reach a unanimous verdict on the voluntary manslaughter charge. Judge LeCruise declared a mistrial on that charge, and it was set for a retrial beginning on April 16, 2025. After hearing the evidence in that new trial and deliberating on April 17, the second jury found Mr. Moore guilty of voluntary manslaughter. Judge LeCruise set Mr. Moore’s sentencing hearing on July 18.

On May 29 — after the jury trials and before his sentencing hearing for the shooting — Mr. Moore pleaded guilty to violating of the terms of his probation from an unrelated 2013 offense. Judge Jennifer L. Fuschetti found Mr. Moore guilty and set his sentencing for that violation on Aug. 5. In June, the Commonwealth secured a direct indictment from a grand jury against Mr. Moore for being in possession of a firearm as a convicted felon at the time of the shooting.

On July 18, the day of his sentencing hearing for the shooting, Mr. Moore pleaded guilty to the firearm charge. For his sentence, the Commonwealth argued that Mr. Moore should serve the statutory maximum of 25 years in prison for his four charges, and Mr. Moore’s defense counsel argued for a sentence of no more than 10 years in prison. After hearing the arguments, Judge LeCruise sentenced Mr. Moore to an active total of 10 years and nine months in prison on the separate sets of charges: the statutory maximum of 10 years to serve for the manslaughter charge, followed by two years of post-release supervision; nine months to serve, with another one year and three months suspended, for the firearm charge; and 10 suspended years for the unlawful wounding charges. Mr. Moore’s suspended sentences are conditioned upon him being of uniform good behavior for five years following his release and his completion of an indeterminate period of supervised probation during that time.

At his sentencing hearing for the probation violation on Aug. 5, Judge Everett A. Martin Jr. revoked the six years and six months that were previously suspended for that case, bringing Mr. Moore’s total time to serve to 17 years and three months.

“Shooting a fleeing person in the back is, in our eyes, malicious murder, which is why we proceeded with that charge a trial, but we respect the rulings of the Court and the two juries as to malice,” said Commonwealth’s Attorney Ramin Fatehi. “I extend my condolences to the McKinney family for their loss, and I commend the police investigators and our prosecutors for their perseverance through the long procedural history of this case. Mr. Moore will serve his sanction, but, unfortunately, nothing we have done or could do will bring Mr. McKinney back. My prosecutors and I will continue to press forward on the toughest and most fraught cases in our city.” 

Senior Assistant Commonwealth’s Attorneys Emily A. Woodley and Andrew Kolp prosecuted Mr. Moore’s case, and Norfolk Police Detective Kyle D. Austin led the investigation.

###

April 17, 2025

Jury Convicts Man of Voluntary Manslaughter in Retrial of Fatal MacArthur Mall Shooting That Injured 2 Others

NORFOLK, Va. — A jury found Gary Latrail Moore, 42, guilty on Wednesday of voluntary manslaughter after Mr. Moore shot and killed 33-year-old Roosevelt McKinney inside the MacArthur Center mall in 2022. A separate jury convicted Mr. Moore last year of unlawfully wounding two other victims in the same shooting but was unable to reach a verdict on the charge of voluntary manslaughter.

On April 2, 2022, Mr. Moore and his friend were shopping at a store in Ghent when they encountered two individuals — one of them the nephew of Mr. McKinney — who had an issue with Mr. Moore’s friend. After the two parties exchanged words, Mr. Moore and his friend left that store and later resumed their shopping inside MacArthur Center. In a clothing store on the second floor of the mall, Mr. Moore and his friend encountered the same two individuals from earlier. The four men exchanged heated words again, and Mr. Moore and his friend left that store soon after.

Mr. Moore and his friend then went to a hat store on the first floor of the mall. Mr. McKinney — who was not present at the previous two confrontations — and Mr. McKinney’s nephew followed them into the hat store, and those four men began to fist fight. After the fight ended, Mr. McKinney and his nephew turned their backs to leave the hat store, Mr. Moore pulled a gun from his bag, Mr. McKinney and his nephew started running, and Mr. Moore began shooting at them. Mr. Moore shot Mr. McKinney three times, once in his leg and twice fatally in his torso, and he shot two innocent bystanders in their legs. Mr. McKinney ran out of the mall and across the street before collapsing and dying from his wounds.

Based on their investigation, police charged Mr. Moore with second-degree murder, using a firearm in the commission of murder, two counts of malicious wounding, and two counts of using a firearm in the commission of malicious wounding. Mr. Moore pleaded not guilty to his charges and opted for a jury trial, which took place in August 2024.

Mr. Moore testified at that trial, saying he believed Mr. McKinney to have been armed but admitting that he never saw Mr. McKinney with a gun. The police had recovered a gun from underneath a truck near where Mr. McKinney collapsed, but they could not confirm to whom the gun belonged. In that trial, after the Commonwealth presented the evidence against Mr. Moore, Mr. Moore’s defense counsel moved the Court to strike the charges, arguing that Mr. Moore was acting in self-defense and without malice. Judge Jamilah D. LeCruise, who presided over the trial, ruled that Mr. Moore had acted without malice, reduced the charges to voluntary manslaughter and two counts of unlawful wounding, and dismissed the three related firearm charges which required malice to go forward. After about five hours of deliberation, the jury found Mr. Moore guilty of the two counts of unlawful wounding but was not able to reach a unanimous verdict on the voluntary manslaughter charge. Judge LeCruise declared a mistrial on that charge, and it was set for a retrial before a different jury beginning on April 16.

After hearing the evidence on Tuesday and deliberating on Wednesday, that jury found Mr. Moore guilty of voluntary manslaughter. Mr. Moore’s sentencing hearing for all three charges is set for July 18. Mr. Moore is also facing a violation of probation from a prior offense, and a hearing on that matter is set for May 29.

“I went to the scene of this homicide in 2022, as I do for nearly all homicides in Norfolk, and I remember the fear of the people who were there,” said Commonwealth’s Attorney Ramin Fatehi. “Mr. Moore did not have the legal right to shoot at anyone, let alone someone running away, and everyone has the right to be in public without the danger of catching a stray bullet. We believed the evidence to support a murder conviction and tried the case as such, though we respect the judge’s rulings otherwise. We persisted through two jury trials, ultimately securing convictions against Mr. Moore for killing Mr. McKinney and wounding two others. State jury trials in Virginia are nearly always cases that could go either way, and I am proud of the work my prosecutors did to hold Mr. Moore accountable. My condolences go to Mr. McKinney’s family and to the two surviving victims of Mr. Moore’s crimes.”

Senior Assistant Commonwealth’s Attorneys Emily A. Woodley and Andrew Kolp are prosecuting Mr. Moore’s case, and Norfolk Police Detective Kyle D. Austin led the investigation.

###