Gunn, a 58-year-old African-American man,[1] was shot and killed near his home after fleeing from a stop-and-frisk initiated by Aaron Cody Smith, a white police officer.

[2] He graduated from St Jude High School in 1976 and from Alabama State University in 1981 with a Bachelor's Degree in Accounting and Finance.

According to Montgomery Police officer Aaron Cody Smith, Gunn matched the description of a burglary suspect: "dark clothing, black male".

[3] Smith was placed on administrative leave following the incident[6] and was arrested and charged with murder a week later following an Alabama Bureau of Investigation inquiry.

[2] In the request to move the trial, Smith's defense attorneys said that racial prejudice in Montgomery, media coverage of the shooting, and the actions of city officials would all affect the jury.

[2] During the trial, Smith testified that Gunn had grabbed a metal painter's pole during the fight, at which point he escalated to using his gun.

[2][10][12] Following the verdict, Gunn's brother Franklin said: "They brought this case to a very conservative county, expecting a different outcome...But I believe that we have seen the best of Alabama today.