CHICAGO () — A Chicago anti-violence volunteer says he walked into a South Side police station in 2023 believing he was helping get a firearm off the street. He expected to hand it over with no questions asked. Instead, he was arrested and charged with gun offenses that, if he is convicted, could carry decades behind bars.
Nakia Smith, 51, said he has devoted the past 13 years to efforts aimed at reducing gun violence on Chicago’s Far South Side since his release from prison. Smith, a father and convicted felon, volunteers with Chicago CRED, a nonprofit that works to curb violence across the city.
In March 2023, Smith said, he went to the Chicago Police Department’s 5th District station to surrender a firearm he says he had removed from the streets.
“I know I did the right thing,” Smith said.
“God led me in there,” he added.
Smith said he thought he would be allowed to turn in the gun without being questioned, even with his criminal history.
“My intention was to take my jacket off and hand it to them,” he said.
Prosecutors, however, said Smith did not immediately tell officers that he had come to the station to surrender 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.
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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.
