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
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.
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.
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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