LA - Will Smith, 34, retired New Orleans Saints, dies in road rage, New Orleans, 9 April 2016 *new trial 2023*

[Blondie in Spokane]

From your link Spanish:


"Everyone was threatened that was out there," Fuller said Monday. "Multiple witnesses have told me that someone besides my client and his friend were behaving in a threatening nature out there on that night."

"But an attorney for Smith's family said Wednesday that Smith never brandished or retrieved a licensed gun he had in his vehicle. Smith's gun remained inside a compartment in the SUV, said attorney Peter Thomson. He also said Hayes shot Raquel Smith first, hitting her twice, before turning the gun on Will Smith."

 

[SpanishInquisition]

From your link Spanish:


"Everyone was threatened that was out there," Fuller said Monday. "Multiple witnesses have told me that someone besides my client and his friend were behaving in a threatening nature out there on that night."

"But an attorney for Smith's family said Wednesday that Smith never brandished or retrieved a licensed gun he had in his vehicle. Smith's gun remained inside a compartment in the SUV, said attorney Peter Thomson. He also said Hayes shot Raquel Smith first, hitting her twice, before turning the gun on Will Smith."

Those statements from the two sides aren't actually contradictory. Hayes hitting the wife first would be consistent with him drawing the weapon up and firing at the same time in response to Smith's threat and movement as he'd have no reason to shot her if the beef was with Smith and Smith was in the process of getting armed as that would actually put him in greater danger of being shot to shot another person besides the one going for their gun. This would place Smith's wife as having gotten out of the car and gone to the driver's side where she was probably somewhere between Smith and Hayes. So far there's been no claims from any side or LE that Hayes was threatening Smith's wife, so I think it was purely accidental as there's been no motive put forth as to why he'd do that intentionally and I can see reasons why that would happen accidentally.

 

[Trvl4Lyfe]

Momma, don't let your babies grow up to play football!

Seriously......way too many brain injuries from repetitive concussions starting as young as the Pop Warner leagues.

Moo

How about not everyone should be allowed to carry a gun...

 

[pinkinablueworld]

I hope they release those 911 calls. According to his lawyer, Hayes made a 911 call after the initial hit and run, then again after he shot Smith. I would think the couple in the back of Smith's car would also have dialed 911, as well as witnesses on the streets.

 

[whonos]

How about not everyone should be allowed to carry a gun...

or a knife, or a screwdriver, or a hammer, or a baseball bat, or a fireplace poker, or a hatchet, or a…

 

[Blondie in Spokane]

Those statements from the two sides aren't actually contradictory. Hayes hitting the wife first would be consistent with him drawing the weapon up and firing at the same time in response to Smith's threat and movement as he'd have no reason to shot her if the beef was with Smith and Smith was in the process of getting armed as that would actually put him in greater danger of being shot to shot another person besides the one going for their gun. This would place Smith's wife as having gotten out of the car and gone to the driver's side where she was probably somewhere between Smith and Hayes. So far there's been no claims from any side or LE that Hayes was threatening Smith's wife, so I think it was purely accidental as there's been no motive put forth as to why he'd do that intentionally and I can see reasons why that would happen accidentally.

Oh, I'm not disputing anything you stated at all, Spanish. You seem to have a good handle on the incident.....my eyes are getting blurry from reading all these articles and it's hard to keep up with all the updates!

I thought it was interesting that Smith's gun was still in the compartment, hadn't been removed.

One thing I'm not clear of.....did Hayes have a passenger? (At first I thought he did but now I'm not sure. I thought a possible passenger of his was the other one acting threatening.) was there a passenger in the Impala?

i'm following too many threads/cases and trying to keep up!

 

[SpanishInquisition]

Here's a detailed version of the Smith side of things:
http://www.nfl.com/news/story/0ap30...-attorney-smith-was-protecting-wife-when-shot
According to the wife's attorney they didn't think they rear-ended Hayes, his wife was trying to defuse the situation and Smith never touched his gun.

 

[pinkinablueworld]

it appears Hayes did have a passenger, and he also
has a lawyer.

Tanzanike Ruffin, the attorney for Cardell Hayes' passenger, Kevin Oneale, has said that Will Smith "had a gun and was going to shoot it." Thomson said that "at no time during this event did Will Smith ever brandish or carry on his person a firearm.".

http://www.nfl.com/news/story/0ap300...wife-when-shot

 

[Blondie in Spokane]

Here's a detailed version of the Smith side of things:
http://www.nfl.com/news/story/0ap30...-attorney-smith-was-protecting-wife-when-shot
According to the wife's attorney they didn't think they rear-ended Hayes, his wife was trying to defuse the situation and Smith never touched his gun.

I didn't realize Smith's wife was hit (twice) first....I had assumed she had been hit somehow in the crossfire toward Smith. What a mess.

 

[SpanishInquisition]

This could be bad for Hayes if there's no cell phone records to corroborate his claim that 911 was called about the hit-and-run prior to the shooting:
http://www.nola.com/crime/index.ssf/2016/04/will_smith_death_911_call_hit.html

 

[jjenny]

I hope they release those 911 calls. According to his lawyer, Hayes made a 911 call after the initial hit and run, then again after he shot Smith. I would think the couple in the back of Smith's car would also have dialed 911, as well as witnesses on the streets.

Doesn't seem to be any record of that supposed original 911 call. And even if there was. You can't be absolved of responsibility for the crime just because you called 911.

 

[jjenny]

And I have to say that when I first heard about this incident I was totally surprised that Hayes called LE and waited at the scene for them to show up.

As I recall correctly guy who shot at George Zimmerman's car called 911 and reported it. Last I checked he is in jail awaiting trial. Just because Hayes called 911 (if he did) doesn't mean he isn't responsible.

 

[jjenny]

Those statements from the two sides aren't actually contradictory. Hayes hitting the wife first would be consistent with him drawing the weapon up and firing at the same time in response to Smith's threat and movement as he'd have no reason to shot her if the beef was with Smith and Smith was in the process of getting armed as that would actually put him in greater danger of being shot to shot another person besides the one going for their gun. This would place Smith's wife as having gotten out of the car and gone to the driver's side where she was probably somewhere between Smith and Hayes. So far there's been no claims from any side or LE that Hayes was threatening Smith's wife, so I think it was purely accidental as there's been no motive put forth as to why he'd do that intentionally and I can see reasons why that would happen accidentally.

She was shot once in each leg.

 

[Blondie in Spokane]

As I recall correctly guy who shot at George Zimmerman's car called 911 and reported it. Last I checked he is in jail awaiting trial. Just because Hayes called 911 (if he did) doesn't mean he isn't responsible.

Oh I totally know that. When I first heard of this incident I thought it was a drive by shooting.

At least Hayes stuck around, which still surprises me (or possibly his car wasn't driveable but he could have run) but apparently he did not report either occurrence to LE via 911 which was originally stated.

 

[jjenny]

Oh I totally know that. When I first heard of this incident I thought it was a drive by shooting.

At least Hayes stuck around, which still surprises me (or possibly his car wasn't driveable but he could have run) but apparently he did not report either occurrence to LE via 911 which was originally stated.

What good would it have done him to run? The car is likely registered to him. Police would have quickly found him.

 

[neesaki]

Here's a detailed version of the Smith side of things:
http://www.nfl.com/news/story/0ap30...-attorney-smith-was-protecting-wife-when-shot
According to the wife's attorney they didn't think they rear-ended Hayes, his wife was trying to defuse the situation and Smith never touched his gun.

This is what I thought when I watched the video, they came right up to the bumper but it didn't look as though they actually made contact with it. Then they just went around them, not speeding, just at a normal speed. At least that's how it appeared to me. This is such a horrible tragedy, it should have never happened.

 

[DeDee]

Will Smith and Cardell Hayes did not know each other prior to this fatality?


Photo Caption: April 9, 2016. (Photo by Michael DeMocker, NOLA.com | The Times-Picayune):

"Former NOPD Captain Billy Ceravolo had dined with Will Smith before Smith was gunned down on Camp Street watches as alleged shooter Cardell Hayes is taken into custody. Ceravolo was once named in a lawsuit brought by the family of Cardell Hayes for the 2005 shooting death of Hayes' father. New Orleans Police investigate the scene where former Saints defensive end Will Smith was shot to death and Smith's wife Racquel was wounded in a Mercedes SUV on Camp Street in the lower Garden District on Saturday night, April 9, 2016."

http://www.nola.com/crime/index.ssf/2016/04/will_smith_shot_coroner_autops.html

"The elder Hayes, 38, was killed Dec. 26, 2005, as the city was recovering in the immediate aftermath of Hurricane Katrina and the flooding of New Orleans. Police gunned him down near the intersection of St. Charles and Felicity Street. The location is about a quarter-mile from where police say Cardell Hayes shot Smith to death around 11:30 p.m. Saturday near Felicity and Sophie Wright Place."

http://www.nola.com/crime/index.ssf/2016/04/will_smiths_accused_killer_set.html

Other than through the lawsuit against Former NOPD Captain Billy Ceravolo, I don't understand a previous connection between these two men, CH and WS.

Will Smith, his wife, and friends, including Ceravolo, were dining at the upscale Sake Cafe whose business address is: 2830 Magazine St, New Orleans, LA 70115. They posted pictures of this large gathering onto social media. Did CH see the photos and know that WS would be traveling along Magazine Street? That makes me think "premed". Was Ceravolo inside the Impala?

I cannot help myself for being angry that RS was shot in each leg. That is exceedingly cruel plus having your husband shot dead in front of you must be overwhelmingly traumatizing. I anticipate the charges will be stacking up against CH as the investigation continues.
RIP Mr. Smith

As always, JMHO

 

[Blondie in Spokane]

What good would it have done him to run? The car is likely registered to him. Police would have quickly found him.

I didn't say it would do him any good to run.....I guess I've watched too many episodes of COPS/First 48, etc. Geez.

 

[Blondie in Spokane]

Former security guard, 28, 'slammed into Will Smith's SUV, shot him eight times in then stood over his body and yelled abuse after NFL star's wife pleaded for him to leave them alone because they had kids'

Attorney for ex-Saints player's family revealed his account of Smith's death

The 34-year-old was gunned down in his car in New Orleans on Saturday

Lawyer Peter Thomson insisted Smith was not the aggressor that night

Also said the gun he was said to be carrying was stashed in a glove box

Thomson said the deadly confrontation began when the cars 'bumped'

He compared it to two cars driving into each other in a parking lot

Smith didn't think he hit the vehicle, so tried to drive around Cardell Hayes

But Hayes allegedly became angry, approached Smith, and fired at him

Read more: http://www.dailymail.co.uk/news/art...-s-wife-pleaded-leave-kids.html#ixzz45lqXj9eU

 

[SpanishInquisition]

This article goes into LA 'Stand Your Ground,' which are like FL with George Zimmerman where Zimmerman didn't have to prove self-defense but instead it was the state's burden to disprove self-defense:
http://profootballtalk.nbcsports.co...our-ground-law-looms-over-will-smith-killing/
Even though it's an affirmative defense, it is up to the prosecution to disprove self-defense rather than up to the defense to prove self-defense, so the burden isn't on the defense even though they would be the ones to assert it and have been asserting it.