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

Dzali OG

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If it happened as the latest report indicates, Hayes should get off.

1. If Will said he had a gun and was heading back to his car...case closed on that. Hayes had the green light to shoot. Even if and expecially if, you're licensed to carry, you can NEVER, NEVER, NEVER, let someone know you have a gun or flash it.

2. I don't believe he should even get in trouble for hitting the wife as he's not a professional and he was "in fear for his life". Also, was there a felony committed by Will to which his wife would have been an accomplice? If so...:mjlol:...technically she could be charged with his death....Lord forbid.

3. Excessive force..."Your Honor, I'm not a trained law enforcement officer or military. I'm not even a novice when it comes to shooting."
 

broller

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Cosign. When I got my CCW the instructor told us that if you shoot at somebody you better make sure they die. The worst thing that can happen is you shoot them and they survive. I have no idea why he said that but that stuck with me since that class.

So they can't testify for themselves in court? It's easy to claim self-defense if they can't speak for themselves. Perhaps that's why some cops leave their shooting victims to die instead of calling for paramedics right soon after.
 

R.B.J1

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Apparently suspect's lawyer is one of the best in Louisiana. Breh clearly made good use of that police settlement if he can afford a good lawyer and a Hummer :ohhh:

He wont have much of it left after those cac attorneys finish with him.
 

broller

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Just skimming through, and I don't do criminal work so I'm rusty on some of this, but maybe, just maybe, this faq that killed Will could get a lesser charge. It all depends on if Will actually did say "I'm going to go get my gun" (which is questionable that someone would just outwardly say that, but that's another argument). It also depends on Louisiana laws in regards to self defense. Also, would one find it reasonable to think that Will would really go back to his car and get his gun, given the totality of the circumstances, and in that reasonable mind state one would fear an imminent threat of sever harm.

And all this alleged abuse stuff may not even be admissible in court depending on how it is being presented be the defense. Does this guy know about Will Smith and his apparent past domestic violence incident? If I remember correctly (fukk I hated taking evidence), but you cannot present past activity to show or prove a propensity for future criminal conduct (unless it was rape or child molestation and shyt). I need to brush up on that part, but that's the jist of it.

Hayes' lawyer seemed to indicate that Hayes wants toxicology done on Smith because he believes Smith was intoxicated.
 

klientel

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So they can't testify for themselves in court? It's easy to claim self-defense if they can't speak for themselves. Perhaps that's why some cops leave their shooting victims to die instead of calling for paramedics right soon after.
I see... It just seems like I would rather fight a attempted murder charge as opposed to murder.
 

broller

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He wont have much of it left after those cac attorneys finish with him.

His lawyer is black, though he's taking some time off of representing defendants as he's going to be a judge for some time. One of his partners will take over. I don't know if the replacement will be black though.

19123469-mmmain.jpg


John Fuller is on the far right there. The guy on the far left is one of his partners. The woman is a client.
 

klientel

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His lawyer is black, though he's taking some time off of representing defendants as he's going to be a judge for some time. One of his partners will take over. I don't know if the replacement will be black though.

19123469-mmmain.jpg


John Fuller is on the far right there. The guy on the far left is one of his partners. The woman is a client.

Jay Daniels (@JayDanielsLaw) on Twitter

That's gonna be his lawyer until Fuller returns
 

FaTaL

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:mindblown: You nikkas really think you can shoot and kill someone just because they said they had a gun.

:aicmon:Y'all nikkas ain't part of the blue shield.

:rudy:Only way dude gets off is if there was a gun recovered in Smiths car and he have to be damn near in possession of it.
And he shot smith in the back and shot his wife

This dude ain't getting off
 

UserNameless

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The reason he said that is it goes back to old saying "dead man tells no tales". By being a registered gun owner does give you rights but it's so many shades of grey.

Also the person you shoot can tell a totally different story for example zimmermann/travyon. That story seemed simple seeing as you can't initiate a fight, get washed and shoot out of fear for your life. That case was handled horribly BUT because GZ lived and trayvon didn't, GZ controlled the narrative.

Same with this story, I'm sure hayes told the story of will smith being the aggressor and threating to kill him, but the good thing with hayes is you have potential witnesses who's story aligns with his which is why he was so calm after the shooting and his lawyer is adamant about him getting off on the murder at least.

:wow:

real post. it's a cold world.



:wow:
 

UserNameless

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Just skimming through, and I don't do criminal work so I'm rusty on some of this, but maybe, just maybe, this faq that killed Will could get a lesser charge. It all depends on if Will actually did say "I'm going to go get my gun" (which is questionable that someone would just outwardly say that, but that's another argument). It also depends on Louisiana laws in regards to self defense. Also, would one find it reasonable to think that Will would really go back to his car and get his gun, given the totality of the circumstances, and in that reasonable mind state one would fear an imminent threat of sever harm.

And all this alleged abuse stuff may not even be admissible in court depending on how it is being presented be the defense. Does this guy know about Will Smith and his apparent past domestic violence incident? If I remember correctly (fukk I hated taking evidence), but you cannot present past activity to show or prove a propensity for future criminal conduct (unless it was rape or child molestation and shyt). I need to brush up on that part, but that's the jist of it.

that's true about past criminal conduct. .. only allowed in the sentencing phase.
 

UserNameless

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Hayes' lawyer seemed to indicate that Hayes wants toxicology done on Smith because he believes Smith was intoxicated.

exactly. ..that's why they're pushing for that report.

intuitively it seems that way. but in this law system, it's counter-intuitive.


another real post. .. so counter intuitive. ..as it is with most of " their " laws. :smh:
 

R.B.J1

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His lawyer is black, though he's taking some time off of representing defendants as he's going to be a judge for some time. One of his partners will take over. I don't know if the replacement will be black though.

19123469-mmmain.jpg


John Fuller is on the far right there. The guy on the far left is one of his partners. The woman is a client.

My bad, thanks.
 
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