Black Alabama man killed by pig.. Update:Bama pig charged w/ murder..

Smith defense calls Gunn 'career criminal'

Following the preliminary hearing for Montgomery police officer Aaron "AC" Smith Thursday, Smith's attorney Mickey McDermott held a presentation outside the court room in which he referred to slain Montgomery resident Greg Gunn as a "career criminal."

With an easel set up next to him, McDermott spoke of the lack of attention being paid to Gunn's criminal past which he said includes trespassing, domestic violence, burglary and resisting arrest.

"What we know is that this young officer encountered a career criminal," McDermott said. "Unfortunately the career criminal's actions led to his death."

Court records confirm those charges, but the argument from the prosecution is that Smith had no probable cause to chase Gunn, tase him three times, hit him with the baton and eventually lethally shoot Gunn.

State Bureau of Investigation Special Agent Jason DiNunzio is the primary case agent. During the investigation, DiNunzio interviewed Smith twice after the shooting. At the trial Thursday, DiNunzio said Smith was charged with murder in part, because he never articulated a need to use deadly force during interviews.

Usually those (weapons) are used in a lawful arrest, which Smith did not have," DiNunzio said after earlier saying it was not illegal to run form police.

After the trial, McDermott said the number of times Smith used "non-lethal" weapons such as his Taser and Asp extendable baton showed that this wasn't murder.

"Murder is an intentional crime," McDermott said. "That means you get out of the car with the intention of murdering."

During the course of the preliminary trial, several new facts were revealed by DiNunzio. Smith did not turn on his body camera or dash cam. Broken glass that DiNunzio said could have been a ? pipe was found next to Gunn's possessions. Smith stopped Gunn just after 3 a.m. The first thing Smith said was for Gunn to take his hands out his pockets and put them on the car. After doing so, Gunn ran mid-frisk. Smith chased. The chase went about 50 to 75 yards down the street as Smith tased Gunn three times and hit him with the baton. At 3237 McElvy Street, Smith discharged seven shells, and Gunn was shot five times.

“Officer Smith indicated to us that he had no reason to suspect Mr. Gunn of committing a crime and stopped him only to conduct a field interview,” DiNunzio said. “He ordered Mr. Gunn to take his hands out of his pockets and place them on the hood of the car. That is not typically the way a field interview is conducted. As he was beginning to search him, Mr. Gunn fled.”

While describing the timeline of events, DiNunzio spoke of the taser's lack of effect. McDermott said Gunn had a substance abuse issue "bigger than himself" and used that to explain how Gunn kept running.

"We have a man in the dark running in dark clothing who has been tased three times," McDermott said. "Why these stun guns - which can stop any grown man - did not stop him, I imagine when we get the toxicology reports back from Mr. Gunn, that question will be easily answered.

"He used every opportunity to stop Mr. Gunn without harming Mr. Gunn."

The question from the prosecution is not easily answered: Why was Smith trying to stop Gunn?

"He not only had a right, he had a duty to stop Mr. Gunn. A law officer in a high-crime area has the right to stop you and field interview you," McDermott said.

DiNunzio quoted Smith as saying, "If there was anybody walking in that neighborhood at that time, he would have stopped them no matter what race they were."

Through the course of the investigation, it has been confirmed that several burglaries have been reported in Mobile Heights this year.

McDermott shared 20 reported burglaries that occurred around McElvy Street and said his client, Smith, should not have been patrolling a "high-crime area" alone that night.

"We deployed a single officer to this high-crime area. If you want to know why this officer was in this particular area, this is it right here," McDermott said. "We pay officers to go into bad places and deal with people who commit crimes. That's exactly what was happening here."

As for if Smith had the legal right to persistently try to detain Gunn, McDermott said Gunn disobeyed direct lawful orders by running and refusing to heed Smith's orders to get on the ground.

"Tragic though it may be that Mr. Gunn lost his life, Mr. Gunn brought this about himself," McDermott said.

Judge Jimmy Pool found probable cause and the case was sent to grand jury Thursday.

Motorcycle club raises funds for officer charged with murder

PRATTVILLE - A local motorcycle club held a fundraiser Saturday night for embattled Montgomery police officer Aaron Cody Smith at Pratt Pub & Oyster Bar in Prattville, Ala.

The total amount raised from the Stand Strong for Blue event had not been counted yet, but all proceeds raised by the Montgomery chapter of the Regulators motorcycle club will go to Smith to support him as he awaits trial for the Feb. 25 shooting of Greg Gunn, according to Regulators’ President Joseph Burton.

Burton, who goes by his road name “Bear,” said the event wasn’t just about supporting Smith. Bear said it was about showing support for all law enforcement officers.

“We just wanted to do something good for our law enforcement officers today,” Bear said. “If you turn on the news, people are stomping flags for police doing their jobs. They’re just doing their jobs.”

Live music was provided by the band Chief, and within minutes of starting, two $200 donations were dropped in the club’s blue buckets, although the donors declined to comment.

The Regulators consist primarily of former and current members of military divisions, police departments, fire departments, and first response units. The slogan of the Regulators is “We served for you. Now we ride for you,” according to the group’s vice president who would only identify as his road name, Wingnut.

A few members are current MPD officers. Some went to school with Smith years ago, Bear said.

When approached with the idea of holding a fundraiser for Smith, Bear said he was “all for it.”

“We get that idea of protecting and serving,” Bear said.

The February shooting divided Montgomery due to its controversial nature. Rallies and protests were held after Smith, a young, white officer, shot and killed Greg Gunn, an unarmed black man, after Gunn ran from Smith during a stop-and-frisk.

Bear, who is himself black, acknowledged the emotions involved in the case, but said nobody protested the fundraiser and that the funds raised would not go towards paying Smith’s bond.

“Everybody’s just for law enforcement doing their job,” Bear said.

This is the first fundraiser held by the Regulators since the club arrived in Montgomery eight months ago. Besides just accepting donations, attendees could purchase raffle tickets for a chance to win free bike service or an $800 discount on a new paint job.

One Regulators member, “Cookie,” is a former police officer and said the fundraiser is only a positive thing.

“We’re here for a positive reason in a positive light and hoping for a positive outcome,” Cookie said.

The event was also the first of what Bear, Wingnut and Cookie hope to be many more fundraisers.

Wingnut said the group plans to hold more events in the near future to raise money for the homeless, child abuse victims and domestic violence victims.

“We want to help anybody we can help; that’s our very reason for being here,” Wingnut said.

“Even if it’s Aunt Betty that needs a hip replacement,” Cookie added.

For Saturday's event, the group was focused on helping Smith.

Smith’s bond is set at $150,000. Smith was denied a bond reduction on Tuesday, June 14. He is still employed by the MPD but is currently on leave.