The sister of a Black man killed by a white Montgomery police officer eight years ago said the plea deal that will free the former officer from prison is a miscarriage of justice.

“My brother loved this city. This city killed him,” Kimberly Gunn, whose brother, Greg Gunn, was shot and killed by Officer Aaron Cody Smith on Feb. 25, 2016, told WSFA.

“Justice was not served,” Kimberly Gunn said after the conclusion Wednesday of Smith’s Rule 32 hearing challenging his manslaughter conviction.

Efforts to reach Kimberly Gunn were unsuccessful.

A Dale County jury in 2019 convicted Smith, 31, of manslaughter in the death of 59-year-old Gregory Gunn after an encounter in a Montgomery neighborhood on Feb. 25, 2016.

A judge sentenced Smith to 14 years in prison.

Smith is incarcerated at Limestone Correctional Facility.

The Alabama Supreme Court in 2022 rejected Smith’s appeal, and he filed a Rule 32 petition challenging his conviction.

Earlier this month, The Alabama Attorney General’s Office took over the case from the Montgomery County District Attorney’s Office with no explanation.

Smith’s Rule 32 petition was granted on Wednesday, and Alabama Attorney General Steve Marshall announced he had reached a plea agreement with Smith.

“Mr. Smith pleaded to manslaughter and will now be released from prison on time served,’’ according to Marshall’s press release.

It was not immediately clear when Smith will be released.

Montgomery County District Attorney Darryl Bailey said he was “disappointed” in the plea deal.

“I am happy that this convicted killer finally confessed to intentionally killing Greg Gunn. If he had done that in 2016 it would have saved a lot of time and money. I am very disappointed that he is being released early, which is a privilege not afforded to most convicted killers.”

Marshall said the case first came to his office on appeal in 2020.

“Despite my personal misgivings about the strength of the case against Mr. Smith, my office successfully defended the conviction in accordance with our statutory duty,’’ he said.

“I then watched as the case went on to the Alabama Supreme Court and back again to the trial court late last year.”

Marshall said he believed Smith should get a new trial.

“But after eight years of watching this protracted litigation, I exerted my authority to bring this case to a close,’’ he said.

“Mr. Smith has pleaded guilty to the offense for which he was convicted, in exchange for returning to his family. I believe that this is a fair and appropriate outcome.”

Marshall said he spent time last week with the Gunn family.

“I am acutely aware of the pain and suffering they’ve experienced with the loss of their brother,’’ the attorney general said. “My heart goes out to them. I hope that they are able to find some closure and healing with this matter finally resolved.”

“My heart also goes out to the Smith family,’’ Marshall said. “Mr. Smith chose an honorable career of protecting the public and his life was shattered in an instant —a reality that all law enforcement officers today live in fear of. He has paid a high price. It is time for him to go home.”

According to the Court of Criminal Appeals account summarized in one of the Supreme Court justice’s written opinions, Gunn was on patrol in a high-crime neighborhood about 3 a.m. when he encountered Gunn, 58, who was walking.

Smith stopped Gunn for a pat-down. Gunn initially complied but broke away and ran.

Smith called for backup and tried unsuccessfully to stop Gunn with his Taser and his baton. Gunn ran onto the front porch of a home. When Smith pursued, Gunn charged at Smith with a painter’s pole.

Smith shot and killed Gunn. An autopsy showed Gunn was shot at least seven times, including three in the chest.