MONTGOMERY, Ala. (WSFA) - Montgomery police officer Cody Smith will go to trial this month.
Friday, the Alabama Supreme Court released a decision denying the state’s writ of mandamus to change the trial venue, meaning the trial will begin Nov. 18 and will be held in Dale County.
Smith is charged in the on-duty shooting death of Greg Gunn on Feb. 25, 2016.
Earlier this year, the Alabama Supreme Court appointed retired Circuit Judge Philip Ben McLauchlin Jr., of Dale County, to preside over the trial.
After McLauchlin moved the trial to Dale County, the state argued the move was still within the media footprint of WSFA 12 News and the Montgomery Advertiser and contended potential jurors had likely seen news of a former judge’s comments that prompted a recusal and change of venue order.