Will Smith's accused killer Cardell Hayes has big Thursday looming, one way or another
Will Smith's accused killer Cardell Hayes is scheduled Thursday (April 28) to hear evidence gathered by New Orleans police in their effort to prove he murdered the former Saints defensive end in cold blood. Whether Hayes gets that opportunity, however, remains to be seen: The hearing would not be needed if a grand jury indicts Hayes first.
One way or another, Thursday looks to be a crucial day in the criminal case against Hayes, who was booked with second-degree murder following Smith's fatal shooting April 9.
Either Hayes gets his requested preliminary hearing and listens to the first public testimony from NOPD homicide detectives detailing what they have learned through 19 days of investigation, or he will be indicted for Smith's killing by an Orleans Parish grand jury. An indictment would not only cancel the preliminary hearing, but also start Hayes down the path toward a trial that would be months and perhaps years away.
Watch Will Smith shooting timeline (graphic language)Using surveillance, witness and staff-produced video, we reconstruct the final minutes of Will Smith's life.
Hayes' defense attorneys, John Fuller and Jay Daniels, have issued subpoenas to 24 witnesses for Thursday's hearing, including former Saints running back Pierre Thomas. But Hayes' attorneys remain wary of a last-minute indictment handed up before the scheduled 10 a.m. proceeding in Orleans Parish Magistrate Court. An indictment would keep the state's evidence under wraps for several more weeks, if not months.
"We're confident that we will have a chance to examine the state's evidence Thursday," Daniels said. "Hopefully."
Will Smith fatally shot in back, right torso, NOPD says
The warrant request sworn by NOPD homicide detective Bruce Brueggeman said at least one witness saw Hayes arguing with Smith after a traffic accident, before raising a gun to shoot the former Saints defensive end.
Grand jury proceedings are conducted in secret. The Orleans Parish District Attorney's office has declined comment on how soon an indictment should be expected.
The purpose of a preliminary hearing in Louisiana is to allow a magistrate judge to hear sufficient testimony and evidence to decide whether there is probable cause to keep a defendant jailed because of the allegations against him. If probable cause is found, Hayes would remain in jail unless he's able to post the $1 million bond set in his case.
If no probable cause is found, Hayes could walk free pending a grand jury indictment.
Magistrate Judge Harry Cantrell also could find probable cause for a less severe charge than second-degree murder, as defense attorneys are expected to encourage. That could lead to a significant bond reduction. Fuller has said his client is "legally not guilty" of second-degree murder.
Daniels said only two lay people have been subpoenaed to testify by the defense: Thomas and retired NOPD Capt. Billy Ceravolo. Both were friends of Smith who dined with the ex-player and Smith's wife Racquel in the hours before the fatal shooting.
Witness saw Smith in possession of gun, attorney says
Hayes' attorney, John Fuller, spoke at a press conference Wednesday evening.
Other witnesses subpoenaed to testify include NOPD homicide unit commander Lt. Jimmie Turner, lead Smith case detective Bruce Brueggeman, NOPD homicide Sgt. Wayne DeLarge, and NOPD 6th District Lt. Nicholas Gernon, who formerly headed the homicide squad.
The potential witness list also includes other NOPD and New Orleans EMS personnel who responded to the shooting about 11:29 p.m. April 9 near the intersection of Sophie Wright Place and Felicity Street in the Lower Garden District.
"We hope to be able to get a better picture," Daniels said. "Not just of what happened that night, but also of the investigation itself."
Daniels said Kevin O'Neal, who was a passenger that night in Hayes' Hummer, has not been subpoenaed by the defense. Nor is it likely that Hayes himself would testify at this early stage of proceedings.
"At a preliminary hearing, that's improbable," Daniels said. "It's not likely."
Daniels said his client is "doing about as well as can be expected, under these circumstances."
That NOPD cover-up.
