Judge denies 3 motions during MPD officer Smith's first hearing

Judge denies 3 motions during MPD officer Smith's first hearing
(Source: WSFA 12 News)
(Source: WSFA 12 News)

MONTGOMERY, AL (WSFA) - Police officer Aaron Smith, 23, accused of shooting and killing Montgomery resident Gregory Gunn, had the first of many court hearings today in a Montgomery County courtroom.

Smith shot and killed 59-year old Gregory Gunn in the Mobile Heights neighborhood a few weeks ago. The police department said Smith became 'suspicious' of Gunn but has yet to say exactly what made Gunn a suspect. The State Bureau of Investigation has since taken over the case.

The hearing started at 8:10 a.m. and ended around 8:20 a.m. Judge Jimmy Pool was the presiding in courtroom 2A Wednesday morning, and heard several motions, ruling on most of them.

The motion made by Smith's attorney Mickey McDermott to preserve notes and recordings from investigators connected to the case, was granted.

Attorney McDermott's motion for the sheriff's department to provide extra security for Smith during his preliminary hearing next week was denied. McDermott said in court this was a precautionary measure to better protect his client, but Judge Pool said he was 'confident' in the security measures the sheriff's department provides on a daily basis.

McDermott also moved to have a court reporter present during Smith's preliminary hearing, but Judge Pool denied that motion instead saying McDermott could provide a court reporter at his own expense. McDermott said the defense would be providing a court reporter.

A motion was also made to reduce Aaron Smith's $150,000 bond. Smith posted his bond the same day he was arrested for murder, but McDermott argued in court he felt the bond was 'excessive' and not in line, considering the circumstances. Judge Pool ruled he would decide during the preliminary hearing if the bond amount should be reduced.

Lastly, McDermott moved to have Smith's preliminary hearing videotaped but that motion was also denied.

The next step in the legal process for Officer Smith is his preliminary hearing which is set for March 24th.

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