NEW ORLEANS (CNN) —The suspect in the shooting death of ex-NFL player Will Smith did not know who the victim was until the next day, according to a defense attorney.
Cardell Hayes has been charged with second-degree murder in the death of the former defensive end for the New Orleans Saints.
Smith was killed Saturday night after a night out with his wife and friends in New Orleans. He was shot eight times, including seven in the back, the coroner said.
Hayes' lawyer said his client did not know at the scene that Smith was the victim.
When he found out Sunday morning, he collapsed in the chair, attorney John Fuller said. Hayes was a fan of Smith, he said, and wanted to be like him.
"To be accused of murdering one of your idols is earth shattering," Fuller said.
Hayes shot Smith after a traffic collision and an exchange of words between the two, according to police.
Lawyer: Witness fears for her life
An unidentified witness is alleging she saw something "untoward" happen at the crime scene, according to Fuller. He said the witness arrived "seconds or minutes after the shooting." But he refused to go into details about what she saw, saying she fears for her life.
There may be a video of what happened just before the shooting, according to Fuller.
"We have reason to believe that a bystander recorded the events immediately prior to gunshots being fired, and that that footage was turned over to New Orleans police on the night that Mr. Smith died," Fuller said. "We want that video, because I know what it's going to show. And it's going to show that my client is legally not guilty."
Fuller said the case against his client "is the ultimate example of a person being prejudged."
Gamble said he couldn't confirm whether there was a video showing the moments before the shooting, but investigators have canvassed the area for surveillance video.
"We can't get into specifics," the police spokesman said. "We are still building an investigation."
and i was drivin in traffic when i typed that, imagine what a smart ass engineer turner lawyer with a preachers voice can do with months of preparation
