Greg Gunn

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FILE - In this Thursday, March 24, 2016, file photo, Montgomery Police Officer Aaron Smith, center, arrives for a hearing at the county courthouse in Montgomery, Ala. Smith is charged with murder in the shooting death of of a black man, Greg Gunn, who, a family lawyer says, was walking home when he was slain outside a neighbor's house. Smith was indicted on murder charges in a fatal shooting. Smith shot 58-year-old Greg Gunn in February. The fatal encounter began when Smith, who is white, stopped Gunn, who is black, as Gunn, as he was walking home late at night. Smith told investigators that Gunn disobeyed instructions, ran and fought with him. However, a state investigator said in a hearing that Smith gave inconsistent statements about the shooting and questioned the need to chase after Gunn. The shooting came amid simmering national tensions over black people who died in police encounters. Smith's defense lawyer argues that Smith was charged to appease those tensions. (Mickey Welsh/Montgomery Advertiser via AP, File) NO SALES; MANDATORY CREDIT