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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

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Protesters gather outside the Alabama Capitol building requesting that electoral college delegates abstain from voting for President-elect Donald Trump on Monday, Dec. 19, 2016, in Montgomery, Ala. Alabama's nine presidential electors have all cast their ballots for Republican president-elect Donald Trump. (Albert Cesare/The Montgomery Advertiser via AP)

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An actor performs as Benjamin Franklin stresses the importance of the Electoral College before the Alabama Electoral College casted their votes Alabama Capitol building on Monday, Dec. 19, 2016, in Montgomery, Ala. Alabama's nine presidential electors have all cast their ballots for Republican president-elect Donald Trump. (Albert Cesare/The Montgomery Advertiser via AP)

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Alabama Electoral College delegate James Eldon Wilson puts on a Donald Trump hat after voting for Trump inside the Alabama Capitol building on Monday, Dec. 19, 2016, in Montgomery, Ala. Alabama's nine presidential electors have all cast their ballots for Republican president-elect Donald Trump. (Albert Cesare/The Montgomery Advertiser via AP)

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Appalachian State offensive lineman Jamie Collmar (66) holds the Camellia Bowl trophy after the Cramton Bowl NCAA college football game against Toledo in Montgomery, Ala., Saturday, Dec. 17, 2016. Appalachian State won 31-28. (Albert Cesare/The Montgomery Advertiser via AP)

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Appalachian State head coach Scott Satterfield celebrates after the Cramton Bowl NCAA college football game against Toledo in Montgomery, Ala., Saturday, Dec. 17, 2016. Appalachian State won 31-28. (Albert Cesare/The Montgomery Advertiser via AP)

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Toledo running back Kareem Hunt (3) scores a touchdown during the Cramton Bowl NCAA college football game against Appalachian State in Montgomery, Ala., Saturday, Dec. 17, 2016. (Albert Cesare/The Montgomery Advertiser via AP)

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Appalachian State wide receiver Zy Letman (82) catches a pass over Toledo cornerback Aaron Covington (28) during the Cramton Bowl NCAA college football game against Appalachian State in Montgomery, Ala., Saturday, Dec. 17, 2016. (Mickey Welsh/The Montgomery Advertiser via AP)

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Appalachian State running back Marcus Cox (14) celebrates his first half touchdown against Toledo during the Cramton Bowl NCAA college football game in Montgomery, Ala., Saturday, Dec. 17, 2016. (Mickey Welsh/The Montgomery Advertiser via AP)

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Appalachian State wide receiver Deltron Hopkins (3) scores a touchdown against Toledo during the Camellia Bowl NCAA college football game in Montgomery, Ala., Saturday, Dec. 17, 2016. (Albert Cesare/The Montgomery Advertiser via AP)

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Toledo wide receiver Cody Thompson (25) catches a pass as Appalachian State defensive back A.J. Howard (10) looks on during the Camellia Bowl NCAA college football game at the Cramton Bowl in Montgomery, Ala., Saturday, Dec. 17, 2016. (Albert Cesare/Montgomery Advertiser via AP)

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Appalachian State running back Marcus Cox (14) runs for a touchdown during the Camellia Bowl NCAA college football game against Toledo at the Cramton Bowl in Montgomery, Ala., Saturday, Dec. 17, 2016. (Albert Cesare/Montgomery Advertiser via AP)

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Appalachian State quarterback Taylor Lamb (11) is upended after a big gain by Toledo cornerback Trevon Mathis (6) during the Cramton Bowl NCAA college football game in Montgomery, Ala., Saturday, Dec. 17, 2016. (Mickey Welsh/The Montgomery Advertiser via AP)

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Embattled Alabama Chief Justice Roy Moore listens to closing arguments during his ethics trial before the Alabama Court of the Judiciary at the Alabama Judicial Building in Montgomery, Ala., Wednesday Sept. 28, 2016. (Mickey Welsh/Montgomery Advertiser via AP)

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Roy Moore, Chief Justice of the Alabama Supreme Court, speaks during a news conference at the Judicial Building in Montgomery, Ala., Wednesday, April 27, 2016. Moore says a judicial ethics panel should dismiss complaints filed against him as he fought to keep gays and lesbians from marrying in the state. (Mickey Welsh/Montgomery Advertiser via AP)

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Gov. Robert Bentley speaks during Alabama Community College Day on the Alabama Capitol lawn on Tuesday, April 5, 2016, in Montgomery, Ala. (Albert Cesare/Montgomery Advertiser via AP)

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Alabama Chief Justice Roy Moore reads his administrative order discouraging probate judges from issuing same sex marriage licenses, Wednesday, Jan. 6, 2016, at the Alabama Supreme Court building in Montgomery, Ala. The outspoken chief justice, who previously tried to block gay marriage from coming to the Deep South state, issued an administrative order Wednesday saying the Alabama Supreme Court never lifted a March 2015 directive to probate judges to refuse licenses to gay couples. (Albert Cesare/The Montgomery Advertiser via AP)

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Democratic presidential candidate Hillary Clinton greets and gives a thumbs-up to Fred Gray, Rosa Parks former attorney, before speaking at the Dexter Avenue King Memorial Baptist Church, Tuesday, Dec. 1, 2015, in Montgomery, Ala. (AP Photo/ Hal Yeager) ** FILE **

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Supporters gather for a rally to protest the removal of Confederate flags from the Confederate Memorial Saturday, June 27, 2015, in Montgomery, Ala. (Julie Bennett/AL.com via AP) MAGS OUT; MANDATORY CREDIT

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A Confederate flag flies next to the Alabama Confederate Memorial on the grounds of the Alabama Capitol building in Montgomery, Ala., on June 22, 2015. (Albert Cesare/The Montgomery Advertiser via Associated Press)