AG Steve Marshall’s office notified Montgomery County District Attorney Daryl Bailey of the decision on Monday, the DA’s office confirmed.
Montgomery District Attorney Daryl Bailey said he was disappointed but would respect the AG’s authority)MONTGOMERY, Ala. - Alabama Attorney General Steve Marshall’s office will take over the prosecution of former Montgomery police officer Aaron Cody Smith, who is in prison for a manslaughter conviction in the 2016 on-duty killing of Gregory Gunn.
Marshall’s office notified Montgomery County District Attorney Daryl Bailey of the decision on Monday, the DA’s office confirmed.to the court back in September. The petition allows for a defendant to challenge their conviction in the court where they were convicted and is typically filed after a defendant’s appeals are final. The exact reason for Marshall’s takeover of the prosecution is unclear, nor its it yet known if the decision could impact or delay Smith’s hearing. WSFA 12 News has reached out to the AG’s office for more information. Smith’s attorney declined to comment. “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,” Bailey said, adding that the AG “personally told me that the decision was made with the utmost respect for myself and my staff.”Bailey has prosecuted Smith’s case from the beginning, saying his office “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.” Bailey said he met with Gunn’s family Tuesday afternoon to share that the state was taking over the case, noting they “were naturally disappointed but are eager to meet with the Attorney General to determine where the case goes from here.” If Smith’s Rule 32 petition is denied in trial court, he can then appeal to the Alabama Court of Criminal Appeals. An evidentiary hearing is set to take place in March in Montgomery County.Not reading this story on the WSFA News App? Get news alerts FASTER and FREE in the
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