For decades, the saying “I’d rather be judged by 12 than carried by 6” was a common mantra in police organizations and advanced officer training. This proverb was intended to instill a mindset of prioritizing officer survival, encouraging officers to quickly identify deadly threats and react decisively, even if it meant using deadly force. The underlying message was that while lawsuits are an inevitable part of the job, death is not an acceptable outcome.
However, the landscape has shifted significantly. In the past, officers involved in on-duty fatal encounters primarily faced civil action or wrongful death lawsuits when their decisions were questioned. While these legal avenues still exist, a growing number of officers are now facing criminal charges for split-second decisions made in the line of duty. This article examines a recent case that highlights this concerning trend.
In Montgomery, Alabama, police officer Aaron Cody Smith was charged with murder in the shooting death of Gregory Gunn. After a three-day trial, the jury convicted Smith of manslaughter. Smith, who had been on paid leave since the 2016 shooting, resigned immediately and was taken into custody. The prosecutor intends to seek a 20-year prison sentence for the former officer.
According to a report from Law Officer, the incident unfolded as follows: Smith shot Gunn, 58, as he was walking home late at night. The officer initiated a conversation with Gunn, who then fled. Smith’s defense team argued that he fired in self-defense because Gunn allegedly grabbed a painter’s pole from a porch. Prosecutors, however, contended that Gunn posed no threat to the officer.
The shooting sparked protests in Montgomery, with “Justice for Gregg Gunn” signs appearing throughout the neighborhood where the incident occurred. Friends of Gunn stated that he was walking home from a weekly card game when Smith stopped him. Smith claimed he had been instructed to “stop everything that moves” in his district due to a series of burglaries. He stated that he stopped Gunn because he resembled a suspect wanted for property crimes.
Smith further testified that during a pat-down, he felt a hard object he believed to be a weapon, and Gunn, who had cocaine in his system, swatted his hand away. Gunn then ran, ignoring Smith’s commands to stop. Smith deployed a Taser and baton, but they were ineffective. Smith stated that Gunn grabbed a paint pole on a front porch, at which point he fired his weapon.
“I had to stop him,” Smith said. “If he’s brave enough to kill a uniformed police officer — if he takes me out he’s got access to all my weapons on my belt, a running police Tahoe down the street with an AR-15 inside.”
Regardless of differing opinions, it’s unlikely that Smith went to work that day intending to kill anyone. Had Gunn cooperated with Smith, the tragic outcome could have been avoided. Law enforcement is a profession where mistakes, whether real or perceived, can lead to severe consequences.
This situation underscores the incredibly difficult position that cops face every day. They are acutely aware of the risks associated with reacting too slowly to danger, which could result in their own death. Conversely, they are also aware of the potential for criminal conviction if they react too quickly or perceive a threat that is not viewed the same way in a courtroom setting. It’s a split-second decision that determines your fate, as seen in this recent Tulsa shooting.
The decedent in Tulsa’s shooting bladed his body as he reached for a concealed firearm. Fortunately, officers made the right call. But what if the suspect foolishly did the same thing while reaching for something other than a weapon and got shot? Would these officers be next in line for prosecution? It happens. DAMNED IF YOU DO, DEAD IF YOU DON’T
Consequently, the old adage needs amending: “I’d rather be judged by 12 than carried by 6, but going to prison sucks.” There are several incarcerated former officers who’d concur. Finally, to those preparing to send hate mail on behalf of Gregory Gunn or anyone else who lost his life at the hands of law enforcement, save yourself the effort. Gunn was the ultimate cause of his death. He failed to comply with Smith’s orders and fled. Smith’s reaction is the proximate cause of Gunn’s demise. I am not making a case to exonerate Smith, but simply saying his actions, no matter how questionable, would have been unnecessary had Gunn complied.
– Jim McNeff