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Former Saints DE Will Smith Shot and Killed in New Orleans


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Lawyer claims Cardell Hayes "was not the aggressor"

http://profootballtalk.nbcsports.com/2016/04/10/cardell-hayes-lawyer-claims-his-client-was-not-the-aggressor/

The latest local article claims that either smith or the Impala driver hit Hayes car then took off.... That Hayes essentially hit them at this juncture trying to catch/stop them. Also hints there may be another gun in the story.

 

Something like that MIGHT atleast have it make more sense. IF (all caps IF) smith had a few drinks and was splitting from from a minor fender bender to avoid DUI, and IF someone in smiths car had a gun or something that sparked a shooting the story, while tragic, could add up for an outsider looking in. Would even have Hayes calling 911 and waiting/asking witnesses to stay tie in.

 

But those are all huge ifs.

Edited by NoSaint
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The latest local article claims that either smith or the Impala driver hit Hayes car then took off.... That Hayes essentially hit them at this juncture trying to catch/stop them. Also hints there may be another gun in the story.

 

Something like that MIGHT atleast have it make more sense. IF (all caps IF) smith had a few drinks and was splitting from from a minor fender bender to avoid DUI, and IF someone in smiths car had a gun or something that sparked a shooting the story, while tragic, could add up for an outsider looking in. Would even have Hayes calling 911 and waiting/asking witnesses to stay tie in.

 

But those are all huge ifs.

i was wondering if someone showed a gun first. It just doesn't add up.
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i was wondering if someone showed a gun first. It just doesn't add up.

Who knows but I'm sure we find out a lot soon.

 

Hayes has a very good lawyer at the moment. Had his last case reduced drastically (lawyers at the time questioned if the reduction was even legal).

 

His lawyer is filling a Nola criminal court judge vacancy for 6 months starting in a few weeks though and won't be able to personally represent him (just sharing some cast of characters background since this likely will be an ongoing discussion the next few months)

Edited by NoSaint
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The latest local article claims that either smith or the Impala driver hit Hayes car then took off.... That Hayes essentially hit them at this juncture trying to catch/stop them. Also hints there may be another gun in the story.

 

Something like that MIGHT atleast have it make more sense. IF (all caps IF) smith had a few drinks and was splitting from from a minor fender bender to avoid DUI, and IF someone in smiths car had a gun or something that sparked a shooting the story, while tragic, could add up for an outsider looking in. Would even have Hayes calling 911 and waiting/asking witnesses to stay tie in.

 

But those are all huge ifs.

 

I don't think chasing down a car that hit you, crashing into it, getting out with a gun and getting into an altercation that ends with someone dead is a very solid defense. It might make more sense, but it doesn't make the guy less guilty in my eyes.

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I'm in New Orleans (girlfriend lives in Gretna) right now for French quarter fest, I always thought the garden district was a safe place. Sad to hear

It's random road rage... Can happen anywhere. You never know who is concealing. Big mistep for not approaching the confrontation without caution? Frankly, there is nothing anyone can do about it. It can happen anywhere. Just draw the fastest I guess is the only remedy. Sad, I know.

 

Yay! Welcome to the old west. It is what people want, give them what they want.

 

Sad story... RIP

 

I don't think chasing down a car that hit you, crashing into it, getting out with a gun and getting into an altercation that ends with someone dead is a very solid defense. It might make more sense, but it doesn't make the guy less guilty in my eyes.

This.

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I don't think chasing down a car that hit you, crashing into it, getting out with a gun and getting into an altercation that ends with someone dead is a very solid defense. It might make more sense, but it doesn't make the guy less guilty in my eyes.

oh i wasnt saying he deserved to get off or anything. hell, i wasnt even saying thats what definitely happened. just that its what his lawyer is floating out and is the closest to an actual story we have gotten.

 

though with those basic checkpoints in the story, you could start spinning a story (accurate or not) that is less than life in prison for 2nd degree murder. even in the best case we could spin for hayes he would seem like a terrible idiot by most reasonable standards but he might not spend the next 70 years in angola... probably spending a good chunk though.

Edited by NoSaint
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@theMMQB

.@SI_PeterKing’s notes on this “middle-class” draft: Jack’s medical recheck, Browns like Goff, Nkemdiche a wildcard: https://t.co/S4inPqPDV2

 

 

King leads off with quite a bit on the tragic Will Smith story:

 

Shot in the back.

 

That is the part that just is so maddening in a story that is beyond infuriating. Was Smith walking away? Did he shout a few epithets to the man who drove his car into Smith’s SUV, then turn back to his own car, only to get shot on his way back to his car? We don’t know yet. We just know that, for the 16th time in nine days, a shooting happened in this struggling great American city, and a man lay dead with multiple gunshot wounds.

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http://www.nola.com/crime/index.ssf/2016/04/will_smith_death_video.html#incart_big-photo

 

NOLA.com just posted some video of the immediate aftermath of the scene, and an eyewitness says he heard one of the men say something along the lines of "I have a gun!" and then the other man said "I got one too!"

 

piecing stuff together it seems either smith or his friends car hit hayes car then took off, that they had another accident (could have been intentional, or reckless driving, dont know) and they both got out of the car and smith said he had a gun and started going back into his car (smith had his feet on the ground when found shot in back/torso) and hayes shot him. the car hasnt been searched yet from the initial reports as police have it impounded awaiting search warrant.

Edited by NoSaint
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So, right now it sounds like an unjustified shooting in that there was no immediate threat to the shooter. That alone will and should result in a manslaughter charge. That smith may have been drunk, talking **** or anything else will not matter.

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I find it odd that Smith's car wasn't searched at the scene, or that the cops would need a warrant there to examine victim's car. Would think they would take a full inventory at the crime scene. But I am no cop.

could be a situation where they are going over the top making sure everything is by the book. not sure how much grey area there is on this type of situation - especially if the victims wife or lawyer may have said no in the moment. already have the shooter in custody, already have the car secured. i imagine getting the paperwork to open up the console, or glove compartment wouldnt be difficult and could just be erring on the side of proper procedure.

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could be a situation where they are going over the top making sure everything is by the book. not sure how much grey area there is on this type of situation - especially if the victims wife or lawyer may have said no in the moment. already have the shooter in custody, already have the car secured. i imagine getting the paperwork to open up the console, or glove compartment wouldnt be difficult and could just be erring on the side of proper procedure.

 

Law enforcement often does this to ensure there are no grounds for appeal if they successfully get a conviction after prosecuting a case.

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This is just sad, senseless and ignorant. I'm so tired of hearing about these situations occurring with people getting shot for absolutely no reason. There's no justification in someone shooting someone over a fender bender.

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I see the scumbag was a backyard breeder of Pit-mixes too. Good chance for fighting too.

 

I hope they lock him up for a long time.

Human trash. This dude was an unstable time bomb. Hope he gets raped in jail.

I find it odd that Smith's car wasn't searched at the scene, or that the cops would need a warrant there to examine victim's car. Would think they would take a full inventory at the crime scene. But I am no cop.

I don't understand why they wouldn't automatically search it considering the Supreme Court has ruled a long time ago a warrant is not needed to search a car when there is "probable cause" a crime has been committed.

@profootballtalk

 

Lawyer claims Cardell Hayes "was not the aggressor"

http://profootballtalk.nbcsports.com/2016/04/10/cardell-hayes-lawyer-claims-his-client-was-not-the-aggressor/

Cue "self-defense" argument in 3...2...1...

Edited by Saint Doug
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Human trash. This dude was an unstable time bomb. Hope he gets raped in jail.

I don't understand why they wouldn't automatically search it considering the Supreme Court has ruled a long time ago a warrant is not needed to search a car when there is "probable cause" a crime has been committed.

 

Cue "self-defense" argument in 3...2...1...

This is the type of the balanced and well reasoned opinion that I come here for.

Edited by Jauronimo
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