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

Posted on 4/13/16 at 3:56 pm to
Posted by Winkface
Member since Jul 2010
34377 posts
Posted on 4/13/16 at 3:56 pm to
quote:

How do you stand OVER someone that is slumped over in a car?
quote:

stand over phrasal verb of stand 1. stand close to (someone) so as to watch, supervise, or intimidate them.
Posted by Mouth
Member since Jan 2008
23080 posts
Posted on 4/13/16 at 3:57 pm to
quote:

I would say the same thing, but the odds of me being told the same thing on Monday are way too low.


Ill be honest. it is quite the coincidence.

assuming you're telling the truth
Posted by teampick
Member since Jan 2015
2400 posts
Posted on 4/13/16 at 3:58 pm to
The main conclusion I draw from this entire tragedy and the many posts about it is that Payton is right about the gun culture. It's nuts to have people willing to remotely defend a guy aggressively pursuing a bump and run driver and using lethal force against the offending driver and his wife. The fact that those defenses are even discussed tells you how screwed up are the gun laws and the associated stand your ground defenses. It scares the shite out of me that this many half cocked people are driving around with loaded guns.
Posted by jorconalx
alexandria
Member since Aug 2011
11062 posts
Posted on 4/13/16 at 3:58 pm to
quote:

stand over phrasal verb of stand 1. stand close to (someone) so as to watch, supervise, or intimidate them.


And if I am not mistaken the dude was 6'6"
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290902 posts
Posted on 4/13/16 at 3:59 pm to
quote:

just promise me you won't take Hayes' lawyers statement as fact just bc he might be more put together.



we dont even know what he'll say yet. But i wouldnt doubt if he blows holes in what Thomson said today regarding a few facts(that the public already knows) that he just so happened to forgot to mention.
This post was edited on 4/13/16 at 4:05 pm
Posted by Sparkplug#1
Member since May 2013
7352 posts
Posted on 4/13/16 at 3:59 pm to
I have no reason to lie. I only come to ST and ST alone for saints info. I'm not a football expert but like to contribute when I can.
Posted by diat150
Louisiana
Member since Jun 2005
47810 posts
Posted on 4/13/16 at 4:01 pm to
quote:

His case was long before the stand your ground laws came about. So I don't know if that part changed, but I'm pretty sure that if an armed person has their back to you- he is no longer an immediate or imminent threat- which is crucial in a self defense claim.


that is your opinion. my opinion is that if I am having a heated argument with someone in a 10 foot vicinity of our vehicles and he says I am getting my gun and starts reaching into his vehicle, its very likely I am about to get shot. the law says nothing about having your back turned. it talks about retreating. saying I am getting a gun and turning your back to get it in a vehicle isnt retreating.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290902 posts
Posted on 4/13/16 at 4:02 pm to
then he shouldnt describe the scene as Will Smith and his wife standing outside of the car. Cause then he would have ended up on the ground.


wonder why he left the part out of Will Smith being half way in his car
Posted by LNCHBOX
70448
Member since Jun 2009
89137 posts
Posted on 4/13/16 at 4:02 pm to
quote:

and he says I am getting my gun


When did it change from "I have a gun" to "I'm getting my gun?"
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17612 posts
Posted on 4/13/16 at 4:05 pm to
quote:

The main conclusion I draw from this entire tragedy and the many posts about it is that Payton is right about the gun culture. It's nuts to have people willing to remotely defend a guy aggressively pursuing a bump and run driver and using lethal force against the offending driver and his wife. The fact that those defenses are even discussed tells you how screwed up are the gun laws and the associated stand your ground defenses. It scares the shite out of me that this many half cocked people are driving around with loaded guns.


take that crap to the Poli Board if you want to talk about gun rights. ALL of the people in this situation did something incredibly stupid. I love the everloving crap out of Will Smith, but he shares responsibility. I would certainly think that Will Smith would not qualify as a:
quote:

half cocked people are driving around with loaded guns.


but Smith had a loaded gun too. so clear out with that crap man.
Posted by diat150
Louisiana
Member since Jun 2005
47810 posts
Posted on 4/13/16 at 4:06 pm to
quote:

When did it change from "I have a gun" to "I'm getting my gun?"


somewhere between him not having a gun to he never said he had a gun.
Posted by AFtigerFan
Louisiana
Member since Feb 2008
3735 posts
Posted on 4/13/16 at 4:07 pm to
quote:

When did it change from "I have a gun" to "I'm getting my gun?"


At approximately 4:01 pm CST on 13 April, 2016.
Posted by Rocky4LSU
Covington
Member since Dec 2007
537 posts
Posted on 4/13/16 at 4:08 pm to
He may have shot standing outside the car and died halfway in the car...if shot 8 times with most in back, I would surmise first shot outside car, balance as he tried to reach weapon in car. JMO
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
41110 posts
Posted on 4/13/16 at 4:09 pm to
quote:

just promise me you won't take Hayes' lawyers statement as fact just bc he might be more put together.

He is about to put together the same spin job as the other lawyer.


The only thing I've seen people take as "fact" from Hayes' lawyer are things that turned out to be true. Like the fact that Smith was the first to hit Hayes car and then run. And the fact that a second gun would be found.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290902 posts
Posted on 4/13/16 at 4:09 pm to
quote:

k, I would surmise first shot outside car, balance as he tried to reach weapon in car. JMO



maybe.

My whole point is he left out any part about Will Smith's gun, which a witness has said Smith mentioned to Hayes in the altercation
Posted by BigBrod81
Houma
Member since Sep 2010
22941 posts
Posted on 4/13/16 at 4:10 pm to
quote:

there is no law that states that.


quote:

I recently represented a man charged with manslaughter in St. Landry Parish for killing the ex-husband of his new wife. The ex-husband entered the couple’s home on the day of their wedding, and began attacking my client. My client is smaller in height and weight than the ex- husband and had reasonable fear of bodily injury. During the attack, my client shot and killed the ex-husband. To me, and also clearly to the jury that found him not guilty, this was obviously self defense. The intruder was unarmed, but my client’s right to defend himself with “deadly force” is protected under Louisiana’s Justifiable Homicide law. This type of law is commonly known as “stand your ground.”


quote:

“When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.The key word here is “reasonably.” If my client had chased the ex-husband into the street and shot him while he was fleeing the scene, the killing would not be considered “reasonable.” In this hypothetical example, the ex-husband was retreating and therefore no longer considered a mortal threat.


Louisiana attorney Thomas Alonzo

Posted by Winkface
Member since Jul 2010
34377 posts
Posted on 4/13/16 at 4:11 pm to
He said they are standing next to the open door. Then the shooting starts. Seems plausible that he either heard (or saw) his wife get shot and then went inside his car to probably retrieve his gun when the shooter then stood next to the car shooting into Smith's back. Even if he shot Smith while he was still standing, he could have still been able to go inside the car if the first shot wasn't a kill shot.
Posted by LNCHBOX
70448
Member since Jun 2009
89137 posts
Posted on 4/13/16 at 4:13 pm to
quote:

somewhere between him not having a gun to he never said he had a gun.



According to NOPD he didn't have a gun visibly out (ETA: on his person or in his vehicle), so your attempt at spinning the argument back to "my" side wasn't a good one.
This post was edited on 4/13/16 at 4:15 pm
Posted by Winkface
Member since Jul 2010
34377 posts
Posted on 4/13/16 at 4:13 pm to
quote:

My whole point is he left out any part about Will Smith's gun, which a witness has said Smith mentioned to Hayes in the altercation
That could have been said before Raquel had joined the altercation. Therefore, that wouldn't have been in Raquel's story.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290902 posts
Posted on 4/13/16 at 4:17 pm to
quote:

That could have been said before Raquel had joined the altercation. Therefore, that wouldn't have been in Raquel's story.



Witness acted like it happened in unison. Smith announced gun, then Hayes, followed by shots by Hayes. According to that witness.
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