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

[The Doer Of Deeds]

I can also say there is video of the incident. There's cameras all over the place in that part of town.

That video that shows Smith rear ending The shooter was literally minutes before the shooting occurred . If there is camera footage before and immediately after, you best believe there is video of the incident.


Also Will Smith is known by more than one account as a hot head and a$$hole by NOPD. I don't think the cops and him a good relationship


I honestly think if he would have stopped and exchanged info with ol boy when he rear ended the hummer he would be alive today. That's just my opinion.

I agree with you last paragraph completely. Smith did himself no favors.

That said, Hayes will have a hard time invoking Stand Your Ground/Castle Doctrine as he himself engaged in illegal activity by rear-ending Smith.

Second, it is unclear whether a verbal threat by Smith would legally cause Hayes to fear for his life and use force. Hayes will look better if Smith did in fact have a firearm.

Third, if the two accidents are treated separately, and Hayes is considered the aggressor, he cannot claim self-defense unless he made a good faith effort to withdraw from the fight (this is not the same as retreating from the scene) or articulated a desire to do so.

 

[the kid]

if Smith verbally threatened to get a gun, maybe he was(or the shooter at least assumed) standing outside the door & digging under his front seat or in the console to pull out a gun. And so therefore, the shooter basically got to his gun before Smith got to his and he started firing from behind.

Just a theory, but that doesn't explain how the wife got shot so it's probably incorrect.

Potentially imperfect self defense. In most states that amounts to manslaughter at most. Not familiar with Louisiana laws tho.

 

[Kane]

It's funny if it was a cop who shot a unarm man who was reaching for something y'all would call for his head

You're ignoring the fact that he told him he had a gun first. You don't say that unless you're about to pull it out.

If a dude threatened to shoot a cop, reached for something and got killed, I don't think anyone would be defending him.

 

[MikelArteta]

Louisiana judges don't follow stare decisis and follow their own interpretation
On non criminal matters

Potentially imperfect self defense. In most states that amounts to manslaughter at most. Not familiar with Louisiana laws tho.

 

[Hi!]

If somebody really did toss Smith's gun

NEW ORLEANS -- The attorney for the man accused of killing former Saints defensive end Will Smith suggested even more strongly Monday that a possible second gun on the scene could help exonerate Cardell Hayes of second-degree murder.

Attorney John Fuller did not say who he believed had the second gun or whether he thought it had been fired. He also declined to say whether his client plans to claim self-defense. But he insisted Hayes felt threatened, and filed a motion in court to preserve all ballistic evidence.


"It would be safe to say that not only did my client feel threatened, but citizens that were out there on that block felt threatened as well," Fuller said. "And I think the uncovering or unearthing of a second gun will lend itself to the defense of Mr. Hayes.

"Once everything becomes apparent, you'll see why I'm saying that my client, legally speaking, is not guilty of second-degree murder."

New Orleans Police Department spokesman Tyler Gamble said all of the shell casings found on the scene matched the one gun that was initially confiscated and that was believed to have been fired by Hayes.

Hayes' attorney, however, stressed that there is a difference between only one gun being confiscated and more than one gun being present. He said his belief stemmed from witnesses on the scene and video of the actions that took place.

 

[MustafaSTL]

A lot of people seem to be assuming a lot of facts based on the loose info that has been put out there so far.

First scenario: If Will told dude "I have a gun too" or something similar, and dude shot him, that is not self defense in a legal sense. In a street sense, sure, you're not gonna wait to see if he really does have a gun or not and you're inclined to act. But legally, just those words alone cannot be a defense.

Second scenario: If will said I have a gun, and then walked back to the car and reached inside as if he was getting one, this is closer to being self defense, but only if a reasonable person in that situation, given all the circumstances, would have feared the threat of imminent sever physical harm or death. It's still not a guarantee of a defense, but it's closer.

Other scenarios can have other results based on how it may have went down.

 

[jadillac]

what a twist this has taken

 

[JordanwiththeWiz]

Idk brehs I seen the video

Look like Hayes slowing down stopping at a red light and Will Smith was following him too close and hit him. Will Smith probably had something to drink and didn't want to stop that's the only reason I could think of for not pulling over and calling the police so I can exchange info and file a police report. So when the hummer pulled over and Will Smith tried to run off. Dude followed wonder wtf his adrenaline flowing takes off after Will (me personally I woulda followed him). Something happen after that it's not on video if Will Smith had a gun (we don't know this yet) he could say Will Smith threaten him or something and get off with manslaughter or 2nd degree murder with bunch of time suspended.

 

[pickles]

at the update.


Did Will Smith have a gun in his hand? No

Ol'dude was not in imminent danger.

Ol'dude still shot him the back while he was entering his car.

 

[Numpsay]

what a twist this has taken

I don't think this has taken a twist at all. It appears to me people are getting caught up in things that won't matter in the end. The only thing that changes anything in this case IMO is if a gun was recovered in Will's vehicle or not. Hit and run isn't punishable by death, and I don't think you are going to win a self defense case just based on someone saying they have a gun, if that even happen, witness testimony is almost always unreliable. And the guy in the video didn't really do a good job identifying who said what.

 

[JordanwiththeWiz]

I don't think this has taken a twist at all. It appears to me people are getting caught up in things that won't matter in the end. The only thing that changes anything in this case IMO is if a gun was recovered in Will's vehicle or not. Hit and run isn't punishable by death, and I don't think you are going to win a self defense case just based on someone saying they have a gun, if that even happen, witness testimony is almost always unreliable. And the guy in the video didn't really do a good job identifying who said what.

We don't know yet that's the problem everybody was quick to judge dude what if Will Smith had a gun now what.

Even Stephen A Smith on Black on Black crime rant about dude

What if he was defending himself that's problem people don't know but they was ready to give him the chair

 

[thatrapsfan]

"It would be safe to say that not only did my client feel threatened, but citizens that were out there on that block felt threatened as well," Fuller said. "And I think the uncovering or unearthing of a second gun will lend itself to the defense of Mr. Hayes.

 

[the artist known az]

IF Smith had a gun then somebody tossed it. Only other people in the whip were his wife and allegedly Pierre Thomas

I saw in articles that his wife ended up on the sidewalk

 

[Dzali OG]

at the update.


Did Will Smith have a gun in his hand? No

Ol'dude was not in imminent danger.

Ol'dude still shot him the back while he was entering his car.

If a man says he has a gun after arguing and then reaches into his car...that's a threat.

It would explain shooting him in the back. What, are you supposed to wait until he slide the bolt? An officer wouldn't and a citizen shouldn't have too either.

The wife getting hit...bullets don't stop in flesh...we're they through hits? At any rate was she involved in a felony being committed by her husband?

Where they will get him is, if he had a prior gun charge and illegal possession. Due to that they will probably fukk him over.

 

[Hi!]

I saw in articles that his wife ended up on the sidewalk