Nakia Smith, a convicted felon, is set to go on trial Monday for allegedly bringing a loaded .45-caliber handgun into a Chicago police station. The case has garnered attention due to Smith’s claim that he intended to remove the weapon from the streets and the support he has received from Arne Duncan, the former U.S. Education Secretary. However, court documents suggest a more complex narrative than what recent reports have indicated.
Smith faces charges including being an armed habitual criminal, illegal possession of a firearm by a felon, and two counts of aggravated unlawful use of a weapon. His trial is scheduled for 9:30 a.m. Monday at the Bridgeview courthouse, presided over by Judge Natosha Toller.
Smith claims he took the gun to the Calumet District police station in March 2023 to have the police remove it from circulation. Duncan, who heads the Chicago CRED anti-violence group, has criticized the charges, labeling them a “travesty” in his comments to the Chicago Sun-Times.
Despite media coverage, important details from public records have been overlooked.
The initial account arose the day after Smith’s arrest, when prosecutors under former Cook County State’s Attorney Kim Foxx outlined their case. During a March 5, 2023, bail hearing, they stated that Smith entered the Calumet District station at 727 East 111th Street around 11:05 p.m. with a loaded .45-caliber handgun in his jacket pocket.
Police reported that Smith appeared intoxicated, smelled of alcohol, and became agitated when he couldn’t speak with a watch commander. Prosecutors told Judge Maryam Ahmad that Smith instructed officers to remove the gun from him and then moved his hands out of their view. Officers subsequently surrounded and detained Smith, recovering the weapon from his jacket.
At the time, prosecutors informed the judge of Smith’s two prior felony convictions: one for manufacture-delivery and another for a 2006 weapons charge. Smith’s public defender mentioned his work as a self-employed demolition worker for 15 years but did not indicate that Smith was involved in anti-violence efforts or intended to surrender the gun.
Judge Ahmad expressed uncertainty regarding Smith’s intent, particularly his statement about police needing to take the gun from him.
Ahmad set Smith’s bail at $150,000, with the condition of electronic monitoring if he posted the required 10% deposit.
During the hearing, Smith interjected on Zoom, asserting, “Man, I was turning the gun in,” but was muted by Ahmad, who indicated the issue could be revisited if new facts emerged.
Further inconsistencies arise in the CPD arrest report, which states officers questioned Smith if he intended to turn in the gun. Smith reportedly denied this, saying he wanted the gun back.
Later, officers overheard Smith mentioning $100 gift cards, typically offered during organized gun turn-ins, although Smith denies inquiring about them. The gift cards are not available outside these events.
A broader question is why Smith, aware of the firearm restrictions on felons, would bring a gun into a police station. Records show convictions in 1998 and 2005 related to firearms, with the latter resulting in a guilty plea to aggravated unlawful use of a weapon and community service.
A significant document is Smith’s handwritten legal motion from December 28, 2023, where he sought to discharge his public defender and represent himself. Smith questioned his attorney about the legality of his actions, to which she responded that she believed he committed a crime. Smith also criticized her refusal to file motions to dismiss charges or suppress evidence. The court approved Smith’s request for a new attorney, who later withdrew due to payment issues in August 2024.
Smith’s current attorney eventually filed a motion to suppress evidence, claiming the police search at the station was unlawful. However, Judge Toller ruled there was “No 4th [Amendment] violation whatsoever.”
Media coverage also omitted details of a plea offer, where Smith reportedly rejected a two-year prison deal. The Sun-Times noted this, but failed to mention Smith’s accumulated credit for time in custody and electronic monitoring, which could offset a six-year sentence or more.
Duncan remarked to ABC7 on the dilemma of encouraging gun turn-ins when individuals risk incarceration, posing a challenge for his advocacy efforts.
This situation might serve as a learning opportunity for Duncan’s organization to educate felons on properly surrendering firearms.
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