Guilty of Manslaughter? Police Officer Incarcerated.

Ashley SmithPhoto byJohn J Wiley Law Enforcement Talk Radio Show and Podcast

Ashley Smith has stepped into the spotlight with a poignant interview, shedding light on the heart-wrenching journey of her husband, Aaron Cody Smith, a former Montgomery, Alabama Police Officer currently serving a 14-year prison sentence following a fatal police shooting. Smith's unwavering conviction centers around her belief in her husband's unjust conviction, with a particular emphasis on the indispensable support offered by The Gallagher's Pipe Hitter Foundation.

The tragic sequence of events that led to Aaron Cody Smith's conviction traces its roots back to February 25, 2016, during his tenure as a dedicated Montgomery Police Officer. In the early hours of that fateful morning, a fatal shooting unfolded, resulting in the death of a 58-year-old man. The victim was shot near his residence while attempting to evade a stop-and-frisk initiated by Ashley's husband. Initially charged with murder, Cody Smith faced indictment by a grand jury in 2016. The subsequent trial unfolded in late 2019, ultimately culminating in his conviction for manslaughter and the imposition of a 14-year prison sentence in January 2020. Cody Smith remains incarcerated as his legal team pursues avenues of appeal.

The incident occurred while Cody Smith was patrolling a high-crime area of Montgomery, executing orders from his supervisor to exercise vigilance and to intervene in any suspicious activities. Around 3:00 a.m., Cody Smith encountered a man who swiftly moved away upon spotting Cody Smith's marked police vehicle, with his hands concealed in his pockets. Cody Smith instructed him to reveal his hands, placing them on the car's hood. During this interaction, Cody Smith felt a hard object near his waistband, prompting concerns of a potential weapon. When he swatted Cody Smith's hand away, Cody Smith initiated an arrest. The man resisted, fleeing the scene while disregarding Cody Smith's repeated orders to stop and expose his hands.

As he made his escape, he placed his hands within his pockets, the very location where Cody Smith had detected the suspicious object. In response to the escalating situation and with concerns for his safety and the safety of others, Cody Smith deployed his Taser, but it had limited impact. He continued to evade capture and retrieved a painter's pole from a nearby porch, advancing menacingly towards Cody Smith. In an act of self-defense, Cody Smith discharged his weapon, tragically resulting in his death.

In the initial aftermath, department investigators offered Cody Smith assurances that his actions adhered to his training and the department's policy. However, within a few hours of the incident, Cody Smith was compelled to provide statements and subsequently arrested and charged with murder within just six days, even before the completion of a comprehensive investigation.

She states that the situation was further complicated by the political climate of the time, marked by concerns of potential unrest. The city of Montgomery opted to prosecute Cody Smith, despite his diligent adherence to use-of-force training, as the Montgomery County District Attorney perceived the case as an opportunity for political gain, without sufficient consideration for the profound impact on Cody Smith's life.

Following a grueling three-year legal battle, Cody Smith stood trial in November 2019, facing a conviction for heat-of-passion manslaughter. He was promptly taken into custody, leaving his family devastated. In January 2020, he was sentenced to 14 years behind bars. His family swiftly initiated an appeal, resulting in his release on an appeal bond in March 2020.

However, the COVID-19 pandemic substantially slowed down the legal proceedings. The Alabama Court of Criminal Appeals confirmed Cody Smith's conviction in June 2021 and denied a rehearing in February 2022. Subsequently, the Montgomery County District Attorney successfully requested the revocation of Cody Smith's bond, leading to his incarceration at Limestone Correctional Facility since May 9, 2022.

On December 9, 2022, the State Supreme Court declined Cody Smith's appeal, citing filing technicalities, while recognizing the case as a glaring failure within the criminal justice system, marked by clear self-defense.

Unfazed by these setbacks, Cody Smith's family remains resolute in their pursuit of justice. Their plan includes filing a Rule 32 petition against their legal representation. However, the protracted legal battle has inflicted significant financial strain on the family, with ongoing legal fees and the costs associated with maintaining their household, including three children, in Cody Smith's absence.

Ashley Smith highlights her personal experiences during the trial and conviction and the pivotal role played by The Gallagher's Pipe Hitter Foundation. This foundation, was formed by Navy Chief and SEAL Eddie Gallagher and Andrea Gallagher.

Listen to the interview with her in the free podcast episode. You'll find more than 550 free episodes of the Law Enforcement Talk Radio Show and Podcast.

Attributions

The Pipe Hitter Foundation

Montgomery Advertiser

WAKA