Will Smith from The Saints\ OSU Buckeyes killed in New Orleans tonight (UPDATE: Man found GUILTY)

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And its worse cause the restaurant where he was at before hitting Hayes with the car said Will wasn't drunk :duck:
 

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Cardell Hayes' defense team seeks to retrace Will Smith's final steps

Peter Thomson, an attorney representing Smith's family, said at an April 13 news conference that Will Smith, who was driving before the fatal altercation, was not "inebriated to the point" of being unable to drive. :duck:
Thomson would not comment Wednesday on whether he was surprised by Smith's toxicology results.


Fuller said it remains unclear whether New Orleans police also drew Hayes' blood after the incident. But if a toxicology report exists, Fuller said, he is certain it would show that his client had neither ingested alcohol nor drugs before his Hummer H2 was rear-ended by Smith's Mercedes SUV, starting the fatal chain of events.

"If (authorities) had a 'positive' tox, you would've heard about that weeks ago," Fuller said. :ohhh:
"My client was extremely sober, and calm as always. He didn't drink anything that night. Zero (drugs), nothing."

"It's just a factor for consideration for the jury, and ultimately they will make the decision of what weight to give it," Fuller said. "But, certainly, that is something that we've always been concerned with and suspicious of. I cautioned all parties to wait for not only the ballistics results but also the toxicology reports, based on an abundance of information I had about how all the parties were behaving that night." :whoo:

Fuller and Daniels told the judge that "a number of things" in the state's initial inventory of discovery evidence had yet to be turned over by the district attorney's office. And they objected to what Daniels described as a police report by NOPD lead homicide detective Bruce Brueggeman that was so heavily redacted it was "hard to follow who is doing what."

Assistant district attorney Jason Napoli, prosecuting the case with co-counsel Laura Rodrigue, said witness names had been obscured from the report given to the defense because "we have grave concerns for a number of witnesses involved in this case."

Buras ordered the state to provide to her copies of the redacted and unredacted police reports for comparison, when the sides convene again Friday for a hearing on motions in the case.
 

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This article was posted on April 12 by TMZ...The defense is going to give this restaurant that work :wow:


Will Smith did NOT appear drunk when he left a New Orleans restaurant ... moments before he was shot to death -- this according to restaurant management.

TMZ Sports spoke to employees at Sake Cafe Uptown ... the last place Smith was seen before the shooting. The incidents with Cardell Hayes reportedly began after he left the eatery.

There are theories that Smith was sloshed at dinner ... and was driving impaired when he got into it with Hayes.

But management at Sake Cafe Uptown say they're not buying it -- insisting Smith only had 1 glass of wine during the roughly 75 minutes he was at the restaurant.

"He got there kinda late ... didn't drink a lot at all ... no cocktails, and I can only remember seeing one glass of wine," one staffer tells TMZ Sports.

As for his state of mind when he left -- we're told, "Everyone seemed completely composed."

:duck: :duck: :duck:

But then USA Today said they were dining with the Restaurants former owner, so i'm not surprised they went and told stories to try and protect smith :francis:
"Vasquez said Will Smith and the others also hung out with the restaurant’s former owner, Tony Zheng, during the course of their meal. She said Smith and his wife were frequent diners when Zheng owned the restaurant.

“Nobody here – from our staff to the general manager – saw anybody following him,” Vazquez said. “It looks like it was just bad timing.”
Click to expand...​
 

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Meh. This blood alcohol level data does not help Hayes AT ALL. VICTIM Will Smith is not on trial. He is no longer with us.

Whether sober or buzzed or drunk, Will Smith barely tapped Hayes' vehicle.

On the other hand, Hayes rammed Smith's SUV intentionally on purpose while sober as a judge. Then he gunned down Will Smith because Hayes lacks impulse control.
 

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Meh. This blood alcohol level data does not help Hayes AT ALL. VICTIM Will Smith is not on trial. He is no longer with us.

Whether sober or buzzed or drunk, Will Smith barely tapped Hayes' vehicle.

On the other hand, Hayes rammed Smith's SUV intentionally on purpose while sober as a judge. Then he gunned down Will Smith because Hayes lacks impulse control.
Your last sentence is opinion at this point.
 

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"
Fuller said Wednesday that he is keeping a close watch over prosecutors' conduct in the Hayes case. He said that he has "received independent footage from witnesses" at the scene of Smith's death who told him they had also turned the same video over to police and prosecutors.

"Now I just have to ensure that the state turned that over to me," Fuller said. "We're not asking them to do anything outrageous. We just want to have what they have, and at this point we don't have everything."

Fuller said that at Friday's hearing, he plans to file motions to suppress evidence and statements his client made to police, and also to seek a reduction in Hayes' $1.75 million bond".
 
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