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June 13, 2024 11 mins
The Killing of Greg Gunn

The Tragic Case of Greg Gunn: Uncovering Systemic Failures in Montgomery

In 2016, Montgomery, Alabama, became the backdrop for a tragic event that would highlight deep systemic issues. Greg Gunn, just a few yards from his front door, experienced a shocking encounter that would shake the community and raise critical questions about safety and justice. 



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Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:39):
Gregory Gunn was a man who wasall about one word family. He grew
up in Montgomery, Alabama, duringthe seventies and eighties, was one of
eight siblings, and was absolutely determinedto make a better life for the people
he cared about. He was thefirst in his family to graduate college,
and when his parents divorced, theireldest son unfortunately passed away from cancer,

(01:03):
greg was there to pick up thepieces. He took over being a father
for his younger siblings and did itwithout hesitation. Kenneth Gunn, the youngest
brother, said quote, he wasa guidance counselor. He guided me in
the right ways of life. Bigbrother, father figure. Kenneth now owns
and runs a trucking company that heattributes to his older brother. Many of

(01:25):
the siblings, including Kenneth, wentright into the military after finishing high school,
and their acts of service took themall across the states and sometimes even
to other countries, and Greg hatedthat the one thing he could not stand.
Kenneth went on, was that wewere not home with him, and
he did everything in his power toget us back to Montgomery, from college

(01:47):
to finding work, whatever it tookin twenty sixteen, when Greg was then
fifty eight years old. He wasliving in the family home taking care of
his ailing mother and a young nephewwhen tragedy struck. It was February twenty
fifth, at about three twenty inthe morning when Greg left a neighbor's house
after playing a game of cards.He only had a few yards to go

(02:08):
before he made it back into hisown front yard, but in that very
short distance, his and his family'slives would be turned upside down. Greg
was spotted by local police officer AaronCody Smith, who then pulled his car
over and ordered Greg to stop.What happened next is up for debate because

(02:29):
Aaron Smith never started recording devices oneither his person or his dash cam,
so we're left to piece together thescene from the remaining evidence. According to
Aaron Smith, Greg didn't refuse topartake in a stop and frisk, but
when Aaron felt something hidden in thewaistband of Greg's pants, Greg became agitated.

(02:50):
Greg then allegedly brushed Aaron aside andmade a run for it. Aaron
then claimed to have first responded bytrying to subdue Greg with his taser,
but when that failed, he pursuedon foot. When the altercation became physical.
Aaron then claimed that Greg reached fora metal pole, and, feeling
threatened and in fear of his life, Aaron responded by grabbing his weapon and

(03:12):
firing seven shots. Five of theseven hit Greg, killing him in his
neighbor's front yard and only yards awayfrom the home where his mother and nephew
were sleeping. It turned out tobe a pole for a paint roller and
his waistband. Crime rates in thearea were up, and it wasn't uncommon
for the people in the area tocarry a stick or something to protect themselves

(03:36):
when walking at night. What followedafter that went just as quickly as the
altercation between Greg and Aaron. AaronSmith was suspended with pay while an investigation
ensued, and the community rallied behindGreg's legacy and his family. Greg was
well known in the area and wellliked. Hundreds of people began searching Aaron's
statements for discrepancies and gathering outside hishouse, determined to defend the man that

(04:00):
they had all known and loved.Within days, Aaron Smith was arrested and
charged with murder. He would keepquiet as he awaited trial, but he
did briefly speak up to justify hisactions. The area Greg had been living
in with his family, and thearea that Arin was patrolling that night,
had been the victim of a longstring of robberies, and the primary suspect

(04:24):
was simply identified as a black malein dark clothing. Arin believed that Greg
fit the description, and when Greghad allegedly brushed Erin away during the stomp
and frisk, for Greg, hehad sealed his own fate. Once you
place your hands on a police officer, you go to jail. It's simple
as that, Aaron said, buthis trial would be anything but simple.

(04:46):
By then, the prosecution had whatthey believed happened that night, and it
greatly differed from Aaron's version of events. There was no way, they argued,
that Greg had reached for the metalpoll that Aaron had claimed he had
during the altercation. Crime scene photosshowed that Greg had been holding his hat
in his hands at the time thathe'd been shot, and even more damning

(05:08):
to Aaron's case, investigators didn't findGreg's prints on the poll either, Witness
testimonies about Greg's character, the evidenceat the scene that contradicted Aaron's statement,
and his lack of video footage ofthe event, all stacked up against the
officer, But the truth is thatthis case was far from black and white.
To catch a glimpse at the underlyingroot of the issue, we have

(05:30):
to look at Aaron Smith and thesystem that put him in the car on
patrol that night, especially when weknow that Aarin was only twenty three years
old at the time he shot andkilled Greg Gunn. Yeah, only twenty
three, and he was alone inhis patrol car that night. Almost unbelievably,
Aaron had been a police officer foryears at that point. His records

(05:53):
start back in twenty twelve, makinghim only nineteen years old when he'd started
his career in law enforcement. Twentythree is certainly old enough to know right
from wrong, but is it experiencedenough to know how to handle life and
death situations. Should Erin have beenon his own that night, should any
police officer younger or older than Aaronwas. There are those that argue that

(06:15):
the system failed both men involved inthis case. Speaking at his hearing,
Erin then still only twenty five yearsold, said quote, with how I'm
being treated in my district job,it would have been a whole lot easier
to turn on my music, textmy girlfriend, stay at my car,
and never get out of the car. In the first place, I'd still
be working. I'd still be onthe street doing my job. But I

(06:39):
chose to do my job at threein the morning with nobody looking over my
shoulder. And I've been railroaded forit. End quote. And also he
didn't mention Greg Gunn would still bealive. It was a compassionate plea in
his own defense, but still nowherenear to the whole of the issue that
underlines this case. Only two yearsbefore that night, another African American Montgomery

(07:01):
resident filed a complaint against him.This time, Aaron Smith had a senior
officer with him when responding to anoise complaint, but things had still gotten
out of hand. When arriving atthe scene of a house party, Aaron
ordered the homeowner to follow him downoff the porch. When the homeowner followed
Aaron's instructions, Aaron responded by turningthe homeowner around and handcuffing his hands behind

(07:25):
his back. As it turned out, one of the guests at the party
was a lawyer, and both heand the senior officer with Aarin that night.
Knew Aaron had taken things too farby trying to arrest the homeowner over
a noise complaint. The senior officerstepped in and let the homeowner go,
trying to smooth things over by sayingthat there were a lot of young officers

(07:46):
on the force that night. Thehomeowner and his lawyer friends were less than
impressed and filed a complaint against Aaron. But that was another piece of the
puzzle. Clearly, the officers atthe Montgomery Police Department were aware that their
younger members needed extra guidance and care, and obviously they were aware of Erin's
track record, all the more reasonwhy Erin shouldn't have been alone in a

(08:09):
patrol car that night he killed GregGunn. On November twenty second, twenty
nineteen, a jury found Erin guiltyof manslaughter instead of murder, a charge
that was not as strong but wasstill enough to bring some level of satisfaction
to Greg's family. Speaking at thetrial, his brother Franklin said, quote,

(08:30):
they brought this case to a veryconservative county expecting a different outcome,
But I believe that we have seenthe best of Alabama today. One bad
apple in a bunch has been weededout. Erin was then sentenced to fourteen
years in prison. But this isnot where the case actually ends up here
today. A few months ago,in February twenty twenty four, Alabama Attorney

(08:54):
General Steve Marshall took over the caseand removed the prosecuting lawyers. He then
agreed to a plea deal with AaronSmith that allowed Aaron to leave prison with
time served, releasing him back intosociety. This has been devastating to Greg's
family and his friends. His youngestbrother, Kenneth Gunn, rounded up their

(09:15):
feelings with a few simple words.The only child my mother had who never
left this city, and this citykilled him. That's ten minute Murder for

(09:37):
today, brief and bingeable true crime. I'm Joe, I'm the host,
and thank you so much for takingthe time to listen to ten Minute Murder.
If you're a new listener here,make sure you hit subscribe wherever you
like to listen to podcasts. AndI know, before I even started talking
today, that's me doing a podcastepisode on this subject was going to make

(09:58):
some people angry. So let mebe clear about this. I and I
cannot stress this enough. Do notcare. Being someone that lives in the
South and has lived in the Southfor a very long time, I can
tell you that I see racism fromtime to time. I don't experience it
because I'm a white man, butI see it, and I think that
if you stay silent about it,you become complicit. If you're a white

(10:22):
person listening right now, think aboutthis. How many times have you ever
heard the phrase you fit the descriptionand it being applied to you. You
fit the description. That's why thecops are talking to you. If you
like me, zero times. Ifyou're black and living in many parts of
the country, it happens all thetime. You fit the description because you're

(10:43):
black. That is absolutely racism inaction. And Greg Gunn's story is just
one of hundreds that have happened throughoutthe years. This one just happened to
be one that got my attention recently. Then that's going to do it.
That is your episode for today.Thank you so much for listening to ten minutes murder
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