"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."
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."
"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.
fukk
it was only a matter of time before these c00ns came for Pan African clothing
don't that crackhead Sidsehow Bob looking nikka Rick Ross runs with rep the Santeria religion while claiming to be a thug nikka and glorifying black on black crime in his music at the same time
