MONTGOMERY, Ala. (WSFA) - Aaron Cody Smith, the Montgomery Police Officer charged with murder in an on-duty shooting, is asking for a new immunity hearing.
In a motion filed Monday, Smith’s attorneys state he was acting in self-defense or in the defense of others in his official capacity as an officer at the time of the fatal shooting.
Smith is accused in the 2016 shooting death of Montgomery resident Gregory Gunn.
This is Smith’s second petition for immunity from prosecution. While his first petition was denied, the new judge in this case has the discretion to grant a new immunity hearing.
In July 2018, Montgomery Circuit Judge Greg Griffin denied Smith’s immunity from prosecution. Griffin said during the hearing that he did not find Smith’s testimony “credible.”
In January, the Alabama Supreme Court granted a petition by the defense for a new judge and trial venue, saying Griffin should recuse himself. They also denied Smith’s request for immunity.
Judge Philip McLaughlin was later appointed to preside over the case. All of the circuit judges in Montgomery County recused themselves.