re: Attorney for Smith family / Attorney for Hayes l Press Conference Recap

Not if u have a functional brain. U know it, but just have dug in too far to go back. The lawyer way.

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You don't know the legal distinctions in Louisiana.

2nd Degree is extremely doable in this case.

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A. Second degree murder is the killing of a human being:

(1) When the offender has a specific intent to kill or to inflict great bodily harm; or MOST LIKELY BUT SEE BELOW

(2) When the offender is engaged in the perpetration or attempted perpetration of aggravated rape, forcible rape, aggravated arson, aggravated burglary, aggravated kidnapping, second degree kidnapping, aggravated escape, assault by drive-by shooting, armed robbery, first degree robbery, second degree robbery, simple robbery, cruelty to juveniles, second degree cruelty to juveniles, or terrorism, even though he has no intent to kill or to inflict great bodily harm. NOPE

(3) When the offender unlawfully distributes or dispenses a controlled dangerous substance listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law*, or any combination thereof, which is the direct cause of the death of the recipient who ingested or consumed the controlled dangerous substance. NOPE

(4) When the offender unlawfully distributes or dispenses a controlled dangerous substance listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law*, or any combination thereof, to another who subsequently distributes or dispenses such controlled dangerous substance which is the direct cause of the death of the person who ingested or consumed the controlled dangerous substance. NOPE

B. Whoever commits the crime of second degree murder shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.



A. Manslaughter is:

(1) A homicide which would be murder under either Article 30 (first degree murder) or Article 30.1 (second degree murder), but the offense is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection. Provocation shall not reduce a homicide to manslaughter if the jury finds that the offender’s blood had actually cooled, or that an average person’s blood would have cooled, at the time the offense was committed; or DING DING DING

(2) A homicide committed, without any intent to cause death or great bodily harm. NOPE

(a) When the offender is engaged in the perpetration or attempted perpetration of any felony not enumerated in Article 30 or 30.1, or of any intentional misdemeanor directly affecting the person; or NOPE

(b) When the offender is resisting lawful arrest by means, or in a manner, not inherently dangerous, and the circumstances are such that the killing would not be murder under Article 30 or 30.1. NOPE

B. Whoever commits manslaughter shall be imprisoned at hard labor for not more than forty years. However, if the victim killed was under the age of ten years, the offender shall be imprisoned at hard labor, without benefit of probation or suspension of sentence, for not less than ten years or more than forty years.

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he doesn't know and is going to paint a pretty picture for his client.

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Hmm, almost like the same thing Hayes's attorney is doing. Funny that you seem to only be chastising one of them though.

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Looks like Smith flashes his lights at Hayes. Smith, aggravated that this guy is parked in the middle of the street, speeds off in front of him to try and make the light.

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a car had already passed through the intersection. The light had been red for a few seconds before he deliberately ran it. He wasn't trying to "make the light".

they'll prolly convict Hayes on murder 2 because Will Smith is a Saint so everyone is acting all up in arms but had this been anyone else he'd get manslaughter.

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Hmm, almost like the same thing Hayes's attorney is doing. Funny that you seem to only be chastising one of them though.

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some of the shite Hayes attorney said actually ended up being factual. Smith's attorney is very potentially either wrong about certain facts or lying.

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Now as a prosecutor, wouldn't want it to be a H&R...demonstrating why Hayes would be enraged and want to return the favor? I believe I'm on to something....tell me I'm wrong

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I've said for several days now that the hit and run works against Hayes and in favor of the DA.

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The light had been red for a few seconds before he deliberately ran it.

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Would definitely be the first time someone has run a red light late at night.

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I've said for several days now that the hit and run works against Hayes and in favor of the DA.

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So why not hop aboard and admit he hit him?

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You are also not Bunch


And?

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I wasn't talking to u

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So why not hop aboard and admit he hit him?

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Because, once again, I've said that the videos available didn't show impact. Everyone was inferring it. The twitter video is better but still pretty hard to see.

I have no dog in this hunt. I just think that Hayes is probably a murderer based on what we've seen so far.