Former Montgomery police officer Aaron Cody Smith learned Wednesday he'll be released after entering a plea during a"Rule 32" petition hearing in Montgomery.MONTGOMERY, Ala. -
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.
During the hearing, the judge accepted Smith’s plea to manslaughter for the Feb. 25, 2016, death of 59-year-old Gregory Gunn. Smith was serving a 14-year prison sentence at Limestone Correctional Facility following his 2019 manslaughter conviction. Following the plea, the judge agreed to sentence Smith to a split 18-month sentence followed by a 90-day probation, which, when added together, equals 21 months, the amount of time Smith has already spent behind bars.
William Boyd, a Gunn family representative, told WSFA 12 News, the family does not think justice was served and that the family did not get a say in the decision after meeting with AG Marshall a week ago. Boyd said Marshall told them if the case went back to trial, Smith could be found not guilty or be released early even if it didn’t go back to trial.
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