MONTGOMERY, ALA –
Less than 24 hours after former Montgomery Police Officer Cody Smith’s new defense attorney filed motions asking the judge to reconsider Smith’s sentence and allow him to serve time in the Dale County Jail, Smith was transported to Kilby Prison.
Smith was sentenced to 14 years for a manslaughter conviction involving the on-duty shooting of Greg Gunn. He was convicted by a Dale County jury after his trial was relocated in an effort to strike an unbiased jury. Smith had been held in the Dale County Jail since he was convicted on Nov. 22, 2019.
Following sentencing, Smith’s former attorney Mickey McDermott said a plan was in place to keep Smith in the Dale County Jail until post-conviction matters were settled. The motions for an appeal bond and sentence reduction are still pending before the court.
WSFA 12 News asked the Alabama Department of Corrections whether Smith would be segregated from the general population. They referred us to an administrative regulation regarding protective custody. According to the document, an Enemy Validation Committee reviews and investigates all requests for protective custody. It cites prior law enforcement, correctional employees, relatives of law enforcement, and defendants in high-profile cases as some who are subject to a case-by-case review.
If Smith is granted protective custody, he will serve time in Limestone Prison. ADOC documents state protective custody inmates are afforded the same opportunities as general population inmates as security permits.
The Alabama Department of Corrections said standard operating procedure was followed with Smith’s transport.
“Upon receipt of a completed court transcript our transfer division will let a county sheriff know they can bring in the inmate,” stated Linda Mays, a public information specialist for the ADOC. “In this case, given that the case was a Montgomery County case, it is my understanding that the Montgomery County Sheriff brought in the inmate to Kilby Correctional Facility.”
BY: Jennifer Horton
PUBLISHED: WSFA 12 NEWS