Montgomery officer files final response before AL Supreme Court decision

MPD officer's attorneys file final response before AL supreme court decision
Updated: Aug. 30, 2018 at 10:05 AM CDT
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MONTGOMERY, AL (WSFA) - The Alabama Supreme Court is one step closer to issuing an opinion in the high-profile murder case involving a Montgomery Police Officer.

The attorneys for MPD Officer Aaron Cody Smith filed a petition for a Writ of Mandamus with the Alabama Supreme Court on Aug. 3 to compel Montgomery Circuit Judge Greg Griffin to grant Smith immunity from prosecution, or compel Griffin to recuse from the case.

The Court issued a stay in the circuit court proceedings and ordered the prosecution and the judge to respond to the defense's petition in 14 days, and the defense to respond to their filings in 7 days.

Wednesday Smith's defense team filed their final response, reiterating their reasons why the petition should be granted. The defense says during the immunity hearing Smith proved "by a preponderance of evidence" that he was not only in fear for his life, but in fear for the lives of others when he shot and killed Montgomery resident Greg Gunn. The defense also moved that Judge Griffin should recuse himself from the case because of his comment that he did not find Smith's testimony to be credible, which they say poisoned a potential jury pool.

The defense exhausted their attempts for immunity from prosecution and recusal at the circuit court level, and through a petition for a Writ of Mandamus with the Court of Criminal Appeals.

During the immunity hearing in Montgomery Circuit Court in July, Griffin ruled the defense had not met the burden of proof necessary to show Smith was justified in using deadly force against Gunn in February 2016.

TIMELINE: Gregory Gunn's death and Officer A.C. Smith's arrest

The Alabama Supreme Court is expected to rule on this petition in a matter of days

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