MONTGOMERY, AL (WSFA) - Attorneys for Montgomery police officer Aaron "Cody" Smith are now petitioning the Alabama Supreme Court for relief ahead of an upcoming murder trial.
Friday, Smith's petition before the Alabama Court of Criminal Appeals for a Writ of Mandamus was denied. His petition sought to compel Montgomery Circuit Court Judge Greg Griffin to grant him immunity from prosecution, to recuse from the case, and for a change of venue.
Smith is charged with murder in the death of Gregory Gunn, who was shot during an on-duty altercation in February 2016. Gunn was unarmed.
The criminal appeals court stated it could not conclude from the petition that Griffin abused his discretion in denying Smith's motion, calling the statement judicial in nature, explaining his decision for denying immunity.
Griffin, himself, previously denied the motions filed in circuit court.
Barring the state's high court granting of Smith's petition, the trial is set to begin on Aug. 13.