Who was the aggressor? Vastly different views in retrial of man who killed ex-NFL star Smith in 2016

Who was the one who attacked? widely divergent opinions in the man’s retrial for the 2016 death of former NFL player Smith.

A retrial for the man who fatally shot New Orleans Saints star Will Smith almost eight years is underway in New Orleans

FILE: On September 20, 2023, in New Orleans, Cardell Hayes appears in Orleans Parish Criminal District Court at a hearing concerning his retrial for shooting former NFL player Will Smith. On Tuesday, January 23, 2024, the manslaughter retrial for Hayes, who shot and killed New Orleans Saints star Smith nearly eight years earlier, was postponed due to the withdrawal of an alternate juror.

Gerald Herbert is an Associate Press staff member.

NEW ORLEANS (AP) — Nearly eight years after retired New Orleans Saints star Will Smith was shot to death in a confrontation following a traffic crash, a long-awaited retrial got underway Tuesday for the man who pulled the trigger.

Cardell Hayes, 36, was convicted of manslaughter in December 2016 for killing Smith, and attempted manslaughter for wounding Smith’s wife, whose legs were struck by bullets. He was sentenced to 25 years in prison. But the 10-2 jury conviction was tossed after the Supreme Court ruled against non-unanimous verdicts. Hayes was freed on bond in March 2021, having served about four years.

Opening statements Tuesday afternoon echoed the 2016 trial as attorneys gave vastly divergent views of what happened after Hayes’ vehicle ran into the back of Smith’s on the night of the shooting.

Matthew Derbes, an assistant district attorney, informed the jury The Times-Picayune/The New Orleans Advocate claims that Hayes “fueled” a heated argument with Smith and other passengers in both cars. Sarah Chervinsky, the defense lawyer, said that Smith incited the fights and made threats to shoot Hayes while he was getting his gun out of his car. “He’s not interested in using his pistol. But he needs to in a matter of seconds,” Chervinsky informed the jury.

It was unclear if Hayes would testify in the current trial on his own behalf.

Hayes claimed during his 2016 trial that he only shot Smith—firing at him seven times in the back and once in the side—because he thought the aggressive and inebriated Smith had taken a gun from his SUV. On the witness stand, he maintained that he did not shoot at Smith’s wife, who was struck in the legs, and that he heard a “pop” before pulling the trigger.

Evidence indicated that Smith had been drinking when the altercation occurred and that his car contained a pistol. However, Hayes’ assertion that Smith had shot or handled a weapon was not supported by any forensic evidence or eyewitness accounts.

The COVID-19 epidemic was one among the many reasons why Hayes’ retrial had been postponed several times.

The 34-year-old father of three, Smith led the Saints’ defense and helped to restore hope to New Orleans following Hurricane Katrina’s devastation to the city in 2005. In 2006, he contributed to the team’s winning season, and in 2010, he helped the squad win the Super Bowl.

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