Nakia Smith, 51, said he has spent the past 13 years working to reduce gun violence on Chicago's Far South Side after being released from prison. A convicted felon and father, Smith volunteers with Chicago CRED, a nonprofit organization focused on reducing gun violence in the city.
Smith said he went to the Chicago Police Department's 5th District station in March 2023 to turn in a firearm he says he had taken off the streets.
"I know I did the right thing," Smith said.
"God led me in there," he added.
Smith said he believed he could surrender the gun without being questioned despite his criminal record.
"My intention was to take my jacket off and hand it to them," he said.
According to prosecutors, Smith initially did not tell officers he was there to turn in a gun.
Smith said he first asked to speak with a watch commander and was questioned by an officer about the reason for his request.
"I'm like, 'Why do I have to go through to tell you, can I speak to a white shirt?' And once she said that, I said, 'I want to turn a gun in.' Then she said, 'Give me your ID ... Freeze!'" Smith said.
Smith's defense attorney argues officers lacked probable cause to believe Smith had committed or was about to commit a crime before searching him and discovering the firearm in his jacket pocket.
Police, however, contend Smith was violating the law by possessing a firearm as a convicted felon. He was arrested and charged with several gun-related offenses. If convicted, he could face up to 30 years in prison.
Smith was jailed and later released after posting bond.
Supporters of Smith have criticized the prosecution, arguing it could discourage others from surrendering firearms.
"The heroic thing was to get a gun off the streets, take it off a hothead, take it to the police station, and for that, he served 7 months in jail," said Arne Duncan, co-founder of Chicago CRED and former U.S. education secretary.
Duncan said the case raises concerns about efforts to encourage people to remove guns from communities.
"We want guns coming off the streets. People know this story. How could I, in good faith, tell anyone else to go turn in a gun if you have a chance of getting locked up and having your life ruined?" Duncan said.
ABC7 filed a Freedom of Information Act request with the Chicago Police Department seeking additional information about the incident but had not received a response.
The Cook County State's Attorney's Office declined to comment on the specifics of the pending case but provided a statement saying, "Combatting gun violence is a top priority of the CCSAO. We make charging decisions based on our review of the evidence and the facts. The CCSAO is committed to prosecuting all cases while ensuring fairness, integrity, and due process for everyone involved. We do not comment on the specifics of pending cases. In all cases, we consider mitigating factors to seek an appropriate outcome."
Smith's trial is scheduled to begin Monday.