Former U.S. Education Secretary and former Chicago Public Schools CEO Arne Duncan came to court on Monday prepared to testify on behalf a Chicago violence prevention advocate accused of illegally possessing a firearm.
Instead, Nakia Smith’s trial was postponed until Aug. 10, delaying a case that has sparked debate over how the criminal justice system should handle someone who says he was trying to surrender a gun to police.
Smith, who has prior felony convictions for gun and drug offenses, says he has spent the past 13 years rebuilding his life after leaving prison in 2013. He now operates community gardens on Chicago’s South Side, mentors young people and works to reduce gun violence.
According to Smith, the case began on March 4, 2023, after one of his workers found a firearm while cleaning out a property. Smith says he took the gun to Chicago Police Department’s 5th District station to turn it over to officers.
Instead, he says, he was arrested.
“When I took the weapon in, I went to try to surrender to the police station, and they arrested me,” Smith said. “I stayed in county for seven months. And right now, two years later, still fighting the case, trying to prove my innocence.”
Smith is charged with aggravated unlawful use of a weapon and being an armed habitual criminal. Because the armed habitual criminal charge is a Class X felony, his attorney says he could face six to 30 years in prison if convicted.
Duncan, now managing director of Chicago CRED, said he has worked alongside Smith for years and believes the community activist deserves support rather than another prison sentence.
“He’s out pushing peace all the time, a warrior for peace,” Duncan said, describing Smith’s volunteer work with violence prevention efforts and community outreach.
Duncan said Smith regularly joins outreach workers, mentors young people and maintains community gardens that have become neighborhood gathering spaces.
“I hope they can see his character, see who he is as a man, see what he represents to the community, and we need his help on the streets,” Duncan said. “We don’t need him locked up again.”
Smith does not dispute his criminal history.
“I’ve been in prison in and out, messing up all my life,” he said. But after his release in 2013, Smith says he dedicated himself to helping young people avoid the mistakes he made by teaching gardening, offering mentorship and promoting nonviolence.
The Cook County State’s Attorney’s Office declined to discuss the specifics of the pending case but provided NBC Chicago with the following statement: “The Cook County State’s Attorney’s Office is committed to prosecuting all cases based on the evidence while ensuring fairness, integrity and due process for everyone involved. Combatting gun violence is a top priority of the CCSAO.”
Smith is scheduled to return to court on Aug. 10 in Bridgeview.
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