Former Montgomery police officer Aaron Cody Smith to be released from prison

Former Montgomery police officer Aaron Cody Smith will soon be released from prison following a plea agreement.

Smith has been serving a prison sentence after he shot and killed Greg Gunn in a confrontation just a few feet away from Gunn’s Montgomery home in 2016. Smith had claimed self defense, but he was convicted of manslaughter and sentenced to 14 years in prison.

He has been in prison since May of 2022.

Aaron Cody Smith (Source: Dale County Sheriff’s Office)

The state has now made a plea agreement with Smith, which is what will allow Smith to be released. During today’s hearing, Smith pled guilty to manslaughter in the death of 59-year-old Gregory Gunn. Following the plea, the judge agreed to sentence Smith to a split 18-month sentence followed by a 90-day probation. According to his attorney J.D. Lloyd, Smith has been given credit for 21 months served. His attorney expects Smith will be released from the Limestone Correctional Facility in the next day and a half.

ALABAMA ATTORNEY GENERAL STEVE MARSHALL

Alabama Attorney General Steve Marshall issued this statement:

“Mr. Smith pleaded to manslaughter and will now be released from prison on time served.”

Marshall said:

“This case first came to my office on appeal in 2020. Despite my personal misgivings about the strength of the case against Mr. Smith, my office successfully defended the conviction in accordance with our statutory duty. I then watched as the case went on to the Alabama Supreme Court and back again to the trial court late last year.

I firmly believe that Mr. Smith was due a new trial, but after eight years of watching this protracted litigation, I exerted my authority to bring this case to a close. Mr. Smith has pleaded guilty to the offense for which he was convicted, in exchange for returning to his family. I believe that this is a fair and appropriate outcome.

Greg Gunn – Contributed Photo

Having spent time with the Gunn family last week, I am acutely aware of the pain and suffering they’ve experienced with the loss of their brother. My heart goes out to them. I hope that they are able to find some closure and healing with this matter finally resolved.

My heart also goes out to the Smith family. Mr. Smith chose an honorable career of protecting the public and his life was shattered in an instant —a reality that all law enforcement officers today live in fear of. He has paid a high price. It is time for him to go home.”

MONTGOMERY COUNTY DISTRICT ATTORNEY DARRYL BAILEY

Earlier this month, Montgomery County District Attorney Daryl Bailey announced that the Attorney General’s Office would assume the case from his office.

“I was notified on February 5, 2024, by Alabama Attorney General Steve Marshall that the Attorney General would be assuming the prosecution of former Montgomery Police Officer and convicted killer Aaron Cody Smith,” Bailey said.

“I acknowledge that the Attorney General has the authority under Alabama law to remove me as the prosecutor and to assume the prosecution. General Marshall is exercising his authority under section 36-15-14 of the Code of Alabama, and I have no choice but to comply with the Attorney General’s directive.

“Our office has, from day one, pursued justice in this case with great integrity and professional responsibility. Despite the many obstacles that were placed in our path, we have won at every phase and brought justice to the Gunn family.  

“A jury in rural Alabama rejected Smith’s claims of self defense and that he was just doing his job and confirmed with their very quick verdict that Smith intentionally and unjustifiably killed Greg Gunn. I stand by this conviction. As recently as a couple of weeks ago, I filed a brief to the newly appointed circuit judge that reiterated that this case was handled professionally and that the overwhelming evidence presented in court to a jury showed Smith’s guilt in killing Greg Gunn.”

Today, Bailey released this statement to Action 8 News:

“I am happy that this convicted killer finally confessed to intentionally killing Greg Gunn. If he had done that in 2016 it would have saved a lot of time and money. I am very disappointed that he is being released early, which is a privilege not afforded to most convicted killers.”

2020: CITY OF MONTGOMERY SETTLES WITH GUNN FAMILY

In 2020, the City of Montgomery reached a confidential settlement with the Gunn family.  The settlement did not include an admission of liability from anyone involved in the case.

At that time, Montgomery Mayor Steven Reed said:

“No settlement can erase this pain stemming from an unfortunate incident such as this. This settlement is not going to bring Mr. Gunn back. It’s not going to change the past. As an administration, as a city and as a community, we will learn from the mistakes that were made and work to correct them. We will continue our efforts to build more trust in the community with a priority towards equality and equity.”

ACTION 8 TIMELINE:

2019: Smith Convicted of Manslaughter in Gunn’s Death
2019: Reaction from Gunn’s Neighborhood as Smith is Convicted
2020: Smith Sentenced to 14 Years in Prison
2020: Smith Released as Conviction is Appealed
2021: Smith Appeal is Denied

Action 8 News is working to get more reaction. Stay with us for the latest developments.