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

  • #81
In May detectives took a DNA sample from Ceravolo—as well as from Richard and Rebecca Hernandez—to test against genetic material recovered from a loaded gun that police found in Smith’s Mercedes. That weapon, in fact, wasn’t even discovered until three days after police initially announced that only a single gun, Hayes’s, had been taken at the scene. This sounds fishy to me. I hope they were able to recover all the rounds to be able to test which gun they came from.
 
  • #82
This incident is so, so weird.

I saw the point made that, if Smith accidentally shot his wife, Cardell would have thought he was being shot at first. It's a great point for sure, but also I feel like if that were true then either Cardell or (more likely in the media) his buddy would be screaming that from the the rooftops. So far I haven't seen that.

At this moment I don't think that's what happened, but regardless though my "gut" on this is that I believe Cardell and his friend, they really seem to be earnest and Cardell's actions following the shooting I think speak volumes, and Smith definitely seems to have been ready to bring his own gun into the situation.

I really don't want this to be taken the wrong way, but rather than calling Cardell the "aggressor" for getting out of his truck armed, it seems more accurate to say that he had the understanding that if you're going to get into a dispute in that location in the middle of the night, and you have a gun available, you should probably grab it bc there's a good chance the other dude does too. It's unfortunate if that's the state of being in New Orleans, but it is what it is, people live it every day, and to me in that context that line of thinking is generally defensible.

Along the same lines though, in Smith's defense, if what the SI article says about fender-bender carjackings is true I can understand to an extent why he would drive away after the first incident, and also why he would come out "aggressively", for lack of a better term, after the second one, even if he hadn't been drunk at the time.

It's just tragic end-to-end, and it's super confusing, but based on what I understand a murder charge for Hayes seems absurd. Voluntary manslaughter or something yeah possibly, but if Louisiana has a strong stand your ground law, then probably not even that.
 
  • #83
  • #84
To refresh, Hayes and Smith did NOT know each other, according to Hayes' lawyer.

http://www.theadvocate.com/new_orle...cle_d22658f1-b693-5d1e-9883-4c67a40ada67.html


WWL-TV legal analyst Chick Foret discusses a key aspect of the upcoming trial of Cardell Hayes: in the shooting death of former Saints player Will Smith, do Hayes' actions constitute murder or justifiable homicide?

with several good videos http://www.wwltv.com/news/crime/wil...-reconstructing-will-smith-shooting/361112648


Jury Selection for Cardell Hayes

Jury selection is expected to get underway Monday in the trial of the man accused of shooting former New Orleans Saint Will Smith. Cardell Hayes is charged with second degree murder and attempted murder for shooting Smith's wife who was hit in both legs.

http://www.wwltv.com/news/jury-selection-begins-for-cardell-hayes-trial/362963373
 
  • #85
Foret: Will Smith's dinner, drinks at Sake Cafe will play major role in trial

http://www.wwltv.com/entertainment/...-mcknight-death-impact-hayes-trial-/361973540

There is no surveillance video from the Sake Cafe. They only keep CCTV tapes for four days then they are recorded over. The NOPD did not ask for the tape until five days after the murder. Hence, Will Smith's demeanor will be based on testimony from the witness stand and not on video footage while dining at the Sake Cafe.
 
  • #86
  • #87
Hayes passenger: Smith "entourage" was aggressive night of shooting

  • Deuce McAllister was the state's first witness
  • 8 hours of testimony on Wed., Dec 7 from 6 witnesses
  • One witness, Hayes' passenger, stated Smith was aggressive and his friends formed a barrier of five yet were unable to stop Smith thus he made contact
  • RS testified that she urged Will to leave by mentioning their three children's names
  • RS did not see who shot her. She showed the scars from the gunshot wounds to the jury.
  • Jurors shown cell phone video of events

http://www.wwltv.com/news/local/hay...-was-aggressive-night-of-shooting-1/366262927
 
  • #88
Bad Day for the Defense

Friday, Dec 09, 2016

Tough day for defense team in Will Smith shooting

DT presented 3 fine character witnesses

Other witnesses, 1st Officer to arrive, did not appear to help the DT

Gunshot residue on Hayes hand - Forensic expert testified residue could have come from being enclosed in close quarters inside the vehicle

Eyewitness lied about the former Police Chief being on site during the shooting and planting evidence as CCTV records former PC at nearby Hotel.

Opinion is that CH must testify in own defense; High risk, High reward decision

http://www.wwltv.com/news/local/orleans/tough-day-for-defense-team-in-will-smith-shooting/367543487
 
  • #89
Legal Analyst Chick Foret on Cardell Hayes' testimony

Cardelle Hayes testified in his own defense in front of Jurors today. Hayes is accused of murdering former Saints player Will Smith.

CH testified that WS was aggressive towards him

Legal analyst states CH helped himself by testifying although it was not perfect and contained flaws.

WS shot in back 8 times. His wife, RS, was shot twice.

The state did not show nor enter into evidence CH video interview with investigators.

State may introduce evidence in rebuttal.

http://www.wwltv.com/news/legal-analyst-chick-foret-on-cardell-hayes-testimony/367704264


Link to video report of RSs testimony. I found the content to be disturbing hence, no notes.

http://www.wwltv.com/news/crime/wil...ifies-id-s-cardell-hayes-as-shooter/364397029
 
  • #90
  • #91
http://www.nola.com/crime/index.ssf/2016/12/cardell_hayes_guilty_of_murder.html

announced in the middle of the night and the verdict was only 10-2 for guilty but it is valid?

"[FONT=&quot]Cardell Hayes' claim that he shot former Saints star Will Smith dead in self-defense was rejected Sunday night (Dec. 11) by a New Orleans jury that voted 10-2 to convict him of manslaughter.[/FONT][FONT=&quot]The player's widow, Racquel Smith, burst into tears after the verdict was read. Hayes faced a life sentence if convicted of second-degree murder, but can only be sentenced up to 40 years for manslaughter. Members of Hayes' family also wept at the verdict."[/FONT]
 
  • #92
http://www.theatlantic.com/national/archive/2014/04/Louisiana/360726/

"[FONT=&quot]Prosecutors love the non-unanimous jury rule because it increases the chances of conviction—you don't have to convince every juror of the defendant's guilt beyond a reasonable doubt, you just have to get 10 or 11 of 12. Judges love the rule because it expedites deliberations and gets more cases off the docket faster. But for criminal defendants, and especially black criminal defendants in Louisiana, the rule cleaves them even further from defendants in the rest of the country whose liberty may be saved by a holdout juror or two. "[/FONT]
 
  • #93
See trial video of Cardell Hayes moments after killing Will Smith

http://www.nola.com/crime/index.ssf...deo_of_cardell_hay.html#incart_river_home_pop

Eyewitness video shot moments after Saints star Will Smith was killed on April 9 shows Cardell Hayes resting his head and hands on the smoking hood of his Hummer while his friend and passenger Kevin O'Neal offers the first on-scene explanation of the fatal traffic dispute in the Lower Garden District.
 
  • #94
http://www.theatlantic.com/national/archive/2014/04/Louisiana/360726/

"[FONT="]Prosecutors love the non-unanimous jury rule because it increases the chances of conviction—you don't have to convince every juror of the defendant's guilt beyond a reasonable doubt, you just have to get 10 or 11 of 12. Judges love the rule because it expedites deliberations and gets more cases off the docket faster. But for criminal defendants, and especially black criminal defendants in Louisiana, the rule cleaves them even further from defendants in the rest of the country whose liberty may be saved by a holdout juror or two. "[/FONT]

But it sucks when you do a preliminary vote where 2 people decisions don't matter.

It eliminates the open minded discussions from the 2 that needs to mull on things. Idk
 
  • #95
Will Smith killer Cardell Hayes' sentencing delayed to March 27
Will Smith's convicted killer Cardell Hayes will learn March 27 how many years in prison he will be sentenced for the crime, a New Orleans judge ruled Tuesday (Jan. 31).

Criminal District Judge Camille Buras granted a defense request to delay Hayes' sentencing, to allow more time for the completion of transcripts from last month's high-profile trial.
 
  • #96
  • #97
  • #98
The man who killed former Saints defensive lineman Will Smith in April 2016 was sentenced Friday to 25 years in prison for manslaughter. Cardell Hayes could have received up to 60 years, and Smith’s family, as well as prosecutors, expressed disappointment in the decision.

A jury had found Hayes, 29, guilty of manslaughter in December, and on Wednesday, Judge Camille Buras rejected his defense team’s attempt to force a retrial by producing a new witness. That witness, who claimed to live near the scene of Smith’s killing in New Orleans and to have heard two guns go off, was described as “certifiably insane” by the assistant district attorney who cross-examined him.
<snip> https://www.washingtonpost.com/news...-year-prison-sentence/?utm_term=.ae66b9e38b67

BBM :what:
 
  • #99
  • #100

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