State attorney general assumes prosecution of former Montgomery cop convicted of manslaughter

Alabama Attorney General Steve Marshall has assumed the prosecution of a Montgomery former policeman who was convicted of manslaughter after the shooting of a man in 2016. 

Marshall replaces Montgomery County District Attorney Daryl Bailey, who prosecuted the case, resulting in the conviction of Aaron Cody Smith in 2019. 

Smith is currently serving a 14-year sentence at Limestone County Correctional Facility. He was found guilty by a jury for the shooting of Greg Gunn during a confrontation when Smith was performing a stop and frisk. 

Smith has argued that he was acting in self defense. According to WSFA, Smith filed a Rule 32 petition to challenge his conviction. 

In a statement made on social media, Bailey expressed disappointment with the attorney general's decision to remove him and take his place as prosecutor while Smith challenges his case. 

Bailey's statement said that he continues to believe that the shooting was unjustified. Despite this, he said that he still respected Marshall's decision. 

See below for the statement: 

More from this section

Chelsea announce record pre-tax loss of £262.4 million

Oil climbs, stocks slip as Trump dashes hopes of quick end of war

Russian oil tanker docks in Cuba after US blockade relief

“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.

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.

While I am deeply disappointed that I will no longer be able to continue to fight for justice in this case for the Gunn family, I respect the laws of the State of Alabama that allow the Attorney General to assume the prosecution and I will abide by his directive.

Attorney General Marshall personally told me that the decision was made with the utmost respect for myself and my staff.

I met with the Gunn family this afternoon and shared the news with them. They were naturally disappointed but are eager to meet with the Attorney General to determine where the case goes from here."