In Will Smith's probe, police take DNA sample, bloody shirt from ex-NOPD captain
Retired NOPD Capt. Billy Ceravolo leaves criminal court April 27, 2016, after Cardell Hayes was indicted over the shooting death of former New Orleans Saints player Will Smith. Ceravolo's attorney said May 6 that her client voluntarily submitted DNA to police to prove he did not tamper with the crime scene the night of the shooting. (Photo by Ted Jackson, Nola.com | The Times-Picayune)
(Ted Jackson, NOLA.com | The Times-Picayune)
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Emily Lane, NOLA.com | The Times-Picayune
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on May 06, 2016 at 3:32 PM, updated May 06, 2016 at 7:18 PM
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Police probing
Will Smith's killing have collected a DNA sample from a retired
New Orleans Police Department captain who dined with Smith the night the former Saints player was murdered, the ex-cop's attorney said Friday (May 6).
Former officer Billy Ceravolo, a friend of the late defensive lineman, voluntarily submitted to DNA testing in effort to prove he did not tamper with the crime scene, Ceravolo's attorney Tanya Picou Faia said. He also voluntarily turned over to authorities last week the shirt he wore the night of the murder, which Faia said had blood on it.
Faia said she believes testing will show the blood in Ceravolo's shirt was that of Racquel Smith, Will Smith's wife. She said that would support Ceravolo's account that he was comforting Racquel Smith while at the crime scene April 9, and that he was not inside Will Smith's SUV as alleged by defense attorneys for Will Smith's accused murderer, Cardell Hayes. Racquel Smith was shot once in each leg, also by Hayes, prosecutors have said.
John Fuller and Jay Daniels, Hayes' attorneys, have suggested Ceravolo possibly removed a gun from Smith's car immediately after the April 9 shooting. A private investigator working for Hayes' defense team testified in court last week that a witness reportedly saw Ceravolo take a gun out of from Smith's Mercedes SUV.
Watch Will Smith shooting timeline (graphic language)Using surveillance, witness and staff-produced video, we reconstruct the final minutes of Will Smith's life.
Faia said Friday that Ceravolo has "never" been in Smith's Mercedes. She requested his DNA be tested against any genetic material found on a gun police said was recovered from inside Smith's vehicle. NOPD homicide detective Bruce Brueggeman, the investigation's lead detective, on Thursday took a swab from Ceravolo at Faia's office, she said.
"I don't think Billy went within 6 feet of the Mercedes," Faia said.
Faia said she didn't want to overshadow Thursday's news about Racquel Smith
accepting her husband's graduate degree posthumously with the news that Ceravolo volunteered his DNA. However, she said, she feels she must defend Ceravolo in the "court of public opinion" because the defense team has publicly accused him by name of obstruction of justice -- a charge that, if levied, carries up to 40 years -- even though her client hasn't been charged by any law enforcement agency or disciplined by NOPD.
Smith was shot seven times in the back and once in the chest, the coroner has said. Faia said she believes if Ceravolo went into the SUV where Smith's dead body lay partially slumped in the driver's seat, there would be evidence of Will Smith's blood on his shirt. However, she said, Ceravolo was "not in the car with Will's body at any point in time." She and her client feel "sure that's Rockie's blood on the shirt," Faia said, referring to Racquel Smith's nickname.
Faia said Ceravolo did not notice the shirt he was wearing the night of the murder had blood on it until April 26, while cleaning his house or doing laundry, Faia said. At that point, she said, Ceravolo immediately contacted her, and the two of them brought the shirt to authorities the same day and asked for it to be tested.
Police have said they found Smith's gun inside his vehicle after searching it a few days after the murder. There was no evidence indicating that gun had been fired, according to police.
Hayes is accused of ramming his Hummer H2 into the back of Smith's car in the Lower Garden District, leading to an altercation that ended with the fatal shooting of Will Smith and injuring of Racquel Smith.
Hayes faces a second-degree murder charge on Smith's killing and attempted second-degree murder on Racquel Smith's shooting. He has pleaded not guilty. Hayes' attorneys have not denied their client pulled the trigger but have repeatedly said he is "legally not guilty," suggesting Hayes was provoked into shooting. Fuller has also said the altercation between Hayes and Will Smith was triggered when Smith's Mercedes hit Hayes' Hummer then sped off a few just prior to arriving at the shooting scene.
'Will is dead'
Faia said Friday the timeline established by surveillance video she requested from the Windsor Court Hotel will help prove Ceravolo was not at the site of the shooting in the Lower Garden District before police, and thus didn't have an opportunity to tamper with the crime scene.
After Ceravolo, the Smith couple, former Saints player Pierre Thomas and others dined at Sake Cafe on Magazine Street in the Garden District, Faia said the plan was for some or all members of the group to meet at the Polo Club Lounge inside the luxury hotel downtown.
According to Faia, Ceravolo was already at the Windsor Court when he received news Will Smith had died.
"'Will is dead' -- that's the call he gets," she said. "He thought it was a joke."
Faia said surveillance video recorded near the the front lobby of the hotel shows Ceravolo on the phone, learning of the news. "You'll see his face change. (He) runs down the stairs, down side of (Restaurant) August... In his mind he knows Will is already dead."
Ceravolo would have had "no reason to look at his friend's body," knowing he was dead, Faia said. That's why his attention was focused on Racquel Smith once he got to the scene after responding officers had already arrived, she said. "She was bleeding. He was trying to comfort her."
Police also took DNA samples from a couple who was traveling in the back seat of the Smiths vehicle,
The Advocate reported, citing a source.
Attorney Martin Regan has confirmed he's representing the couple, Rebecca Dooley and her husband Richard Hernandez.
Regan told Fox 8 News that Smith invited Dooley and Hernandez out to eat that night, and that the couple knew each other as neighbors and friends because their children played sports together.
Reagan said Dooley and Hernandez are cooperating with police, according to Fox 8. The station quoted Regan as saying Dooley and Hernandez were victims when Hayes hit the back of Smith's SUV. He said both saw Hayes shoot Will and Raquel Smith, and that the couple says Hayes was the aggressor, the station reported.