In Will Smith killing, 'My client was not the aggressor,' defense attorney says
Will Smith's accused murderer did not initiate the chain of events leading to the fatal shooting of the former Saints defensive end, and was himself the victim of a crime moments before involving Smith or his friends, his lawyer said Sunday (April 10).
New Orleans police said Cardell Hayes, 28, fatally shot the 34-year-old Smith and wounded Smith's wife Racquel after "exchanging words" following a rear-end collision of Smith's SUV by Hayes' Hummer H2. The incident occurred Saturday around 11:30 p.m. on Sophie Wright Place in the Lower Garden District, police said.
"My client was not the aggressor, in terms of the behavior that happened after the accident," said John Fuller, the defense attorney who represented Hayes at his first appearance in Orleans Parish magistrate court. "My client is of the opinion that toxicology should be conducted of all the parties involved in this incident, and that would shed some light on the behavior of some of the participants."
Magistrate commissioner Brigid Collins, noting NOPD's finding that Smith had been shot in the back as well as in the right torso, set Hayes' bond at $1 million. But Fuller said his client was less concerned with getting out on bond ahead of trial than with proving his innocence of the second-degree murder allegation with which he was booked on Sunday.
"The law applies to everyone," Fuller said. "Whether the victim is famous, infamous, popular, unpopular, black, white, Catholic, Baptist, the law applies equally to everyone. Whether the defendant is popular, unpopular, black, white, rich, poor, Catholic or Baptist, the law applies to him as well. And if the law is applied fairly in this case, I think the results are going to surprise a lot of folks."
Fuller dismissed speculation that Hayes, who he described as a semi-pro football player and father of a 5-year-old son, had stalked or targeted Smith on Saturday. The fact that Smith had dinner Saturday with former Saints running back Pierre Thomas and retired NOPD Capt. William Ceravolo gave rise to such sinister suspicions, after it was discovered that Ceravolo was one of six New Orleans police officers involved in the fatal shooting of Hayes' father Anthony Hayes in December 2005.
Fuller said his client had never met Smith before Saturday night and had no knowledge of the former Saints star's dinner companions.
"No, how could he?" Fuller scoffed. Of the strange coincidence, the attorney said, "It's New Orleans. We're always running into people we know."
But Fuller said someone -- either Smith in his Mercedes SUV or Smith's friends driving a Chevrolet Impala ahead of him -- literally ran into Hayes' Hummer on Saturday, rear-ending that vehicle to touch off the fatal chain of events.
"There may have been an earlier accident, in which one of the parties sped off," Fuller said. "My client followed in an attempt to get the license information, and also made a 911 call to report such an accident, all of which should be apparent in upcoming weeks."
Fuller said "it's possible" that someone in Smith's group also had a gun, though there was nothing to indicate a second weapon or gunman in the arrest warrant affidavit for Hayes that was sworn by NOPD homicide detective Bruce Brueggeman.
Fuller said an enraged public should await more complete toxicology reports and witness statements before jumping to conclusions that his client intended to kill Smith after their traffic encounter.
"I know there were parties that were intoxicated or under the influence of some type of mind-altering substance, based on appearances," Fuller said. "We don't know that for sure. But we have a strong suspicion that that was the case. (And) it's possible that one of the other parties had a gun."
Fuller said his client not only was the first to call 911, but that Hayes also waited for police to arrive and "secured a witness who was about to leave the scene" after the shooting.
"His actions are totally consistent with someone that is complying with police investigations," Fuller said. "Now tell me if that's the behavior that's consistent with someone who is an animal out here, looking for blood.
"He was struck in a hit-and-run prior to this incident occurring. My client was hit. The person that hit him sped off. My client followed behind that person in an effort to get their license plate, and my client called 911, which will be verified in the upcoming weeks. My client's car was struck from the rear. I really don't know which car (he was chasing), but all that will become apparent in upcoming weeks."
Fuller also said it was unfair that his client was being prejudged by his appearance, size, or the fact that his father had suffered from mental illness before being killed by police more than 10 years ago. The City of New Orleans settled a wrongful death lawsuit over that case in 2011 that paid Anthony Hayes' two children an undisclosed sum.
"He's actually a lot nicer than he appears," Fuller said of Cardell Hayes. "He's very soft-spoken, not intimidating, easily approachable. His sanity is not even a consideration."
Fuller said he will cease representing Cardell Hayes on Monday, when a hearing to determine the defendant's new counsel will be held. Fuller is to begin serving at least six months as a pro tem judge in Section D of Criminal District Court starting May 2 and is prevented from representing clients while serving on the bench.
"Obviously, I have to get off the case because, as you know, I start something new in May," Fuller said. "But he will have fine representation for the months I'm unavailable."
It is believed that private attorney Jay Daniels will serve as Hayes' lawyer, on behalf of John T. Fuller and Associates, until Fuller resumes practicing as an attorney.
