Officer indicted on murder charge in Greg Gunn death

A Montgomery County grand jury has indicted Montgomery Police Officer Aaron C. Smith on a murder charge in connection to Greg Gunn's death, according to a press release sent by the office of District Attorney Daryl Bailey.

Gunn, who was unarmed, was shot multiple times by Smith following an altercation when Gunn was stopped while walking home about 3 a.m. from a neighborhood card game on Feb 25. He was outside of his home in Mobille Heights when he died.

Peaceful protests sparked after he died, many seeing his death as another black man killed at the hands of police.

READ MORE: Petition denied for officer in Gunn shooting

Smith was charged with murder March 7. Bailey said in March, evidence uncovered in the case, which has been primarily investigated by the State Bureau of Investigations, led to enough probable cause to arrest Smith.

“(SBI) investigated this thoroughly and determined that enough evidence was there to constitute probable cause,” Bailey previously said. “We were in discussions throughout this process, and they informed me of their findings and their intentions of making an arrest. We agreed with them.”

Mickey McDermott, a former MPD officer who represents Smith, has characterized Smith's actions as self-defense.

Smith stopped Gunn and began a routine search, McDermott said, when Gunn “broke and ran, and Officer Smith gave chase.” Over the next several seconds, McDermott said Smith fought with Gunn, used his Taser on Gunn six times and attempted to subdue him with his baton.

“After all of that, Mr. Gunn picked up a weapon and turned towards (Smith),” McDermott said. “He had no choice at that point but to use his firearm to protect himself. It is a terrible tragedy what occurred. But Mr. Gunn bears the responsibility for that tragedy, not this young officer."

He has also in the past called the arrest “a publicity move” aimed to quell protests.

“They have sold out a good officer – a second generation officer whose parents were both in MPD. He was doing his job when a tragedy occurred, but Officer Smith followed protocol and followed his training,” McDermott previously said.

READ MORE: Officer in Gunn shooting denied bond reduction

Montgomery County District Judge Jimmy Pool found probable cause, however, to turn Smith's case over to the grand jury on March 25 after State Bureau of Investigation Special Agent Jason DiNunzio provided testimony on evidence and interviews with Smith.

DiNunzio testified that Smith was alone, patrolling his district on the night Gunn died. At least 20 breaking-and-entering calls had been made from Smith’s district – which includes Gunn's neighborhood – from Jan. 3 to Feb. 16.

Smith radioed that he was getting out of the car, approached Gunn and told Gunn to take his hands out his pockets and put them on the vehicle. “There was no other previous comment,” DiNunzio said. Bailey, who questioned DiNunzio during the hearing, asked if that was routine. DiNunzio responded that officers are typically trained to greet the person they're stopping before asking them to put their hands on the vehicle.

Gunn ran, and the chase went about 50 to 75 yards down the street. After the chase led to Gunn’s neighbor’s porch, Smith said Gunn picked up a paint roller – which measured about 5-feet-6-inches long – and Smith fired seven rounds. Gunn was shot five times.

DiNunzio also testified that Smith said he did not suspect Gunn of a crime, but would have stopped anybody “in that neighborhood at that time” no matter the race.

In the press release regarding Smith's indictment, Bailey said he cannot and will not comment on Smith's case any further pursuant to Alabama Rules of Professional Conduct. Bailey also noted that an indictment against Smith is not an indictment against the MPD or any other law enforcement agency.

"(MPD) is made up of men and women that every day protect our community in a lawful and professional manner. They are truly the thin blue line between a peaceful community and anarchy," the release reads.

PHOTOS: Family, friends hold vigil for Greg Gunn

After Smith was indicted, McDermott noted that he is still cloaked with innocence.

“Right now we still believe that Officer Smith acted in accordance with the law, and we believe that the grand jury was misguided,” McDermott,said. “We intend to mount a vigorous defense for this officer and prove once and for all that he acted in accordance with his duty and with the law.”

Gunn's family filed a federal lawsuit in July against City of Montgomery, Smith and police chief Earnest Finley. It alleges that Smith used excessive force without cause and never established probable cause for questioning Gunn. The suit, which lists Gunn’s mother, Nellie Ruth Gunn, as the primary plaintiff, also alleges that MPD has utilized stop-and-question procedures that violate citizens’ constitutional rights and directly led to Gunn’s death.

Nellie Ruth Gunn declined to comment on Smith's indictment.

Advertiser Reporter Andrew Yawn contributed to this report.