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

Posted on 4/13/16 at 4:28 pm to
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290902 posts
Posted on 4/13/16 at 4:28 pm to
quote:

Travers Mackel ?@TraversMackel 4m4 minutes ago
Hayes defense attorney John Fuller having 6PM presser. Sources say he will remain on the case and decline judgeship. @wdsu will carry LIVE.



i wonder what sparked this?

the holes in Thomsons story, I wonder?
Posted by jorconalx
alexandria
Member since Aug 2011
11062 posts
Posted on 4/13/16 at 4:28 pm to
quote:

say that to my face mfer


Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
74444 posts
Posted on 4/13/16 at 4:29 pm to
quote:


I read it as the weren't releasing that info.



They havent. Taken out of context

From the Police Scanner article on NOLA

quote:


Responding officers did not locate any visible weapons other than the gun authorities believe Hayes used to kill Smith and wound Racquel Smith, NOPD spokesman Tyler Gamble has said. All of the shell casings recovered at the scene matched that weapon, Gamble added.

Investigators impounded all three vehicles involved in the chain-reaction crash. Gamble said police were still searching each vehicle for evidence, including the existence of any other weapons. But, he added, the outcome of that search would likely not be made public, for now, to avoid jeopardizing the department's investigation.
Posted by BigBrod81
Houma
Member since Sep 2010
22941 posts
Posted on 4/13/16 at 4:30 pm to
quote:

I am sure that that guy being convicted had nothing to do with him not telling the investigators that his girlfriend was in the car with him and then made a call to her acting like she was possibly inside the house while the guy was "breaking in".


Wrong. Keep trying though.

quote:

Aside from Aaron's testimony, the state did present evidence reflecting circumstantially on what transpired between the men. Jamison was driving away from the Aaron residence on a public street. He was unarmed. He was shot seven times while still sitting in his vehicle with a beer bottle between his legs and his car window only partially down. There are strong circumstantial inferences that the jury was entitled to draw from these facts, which conflict with Aaron's claim of self-defense.


quote:

Additionally, there were two statements made in Aaron's testimony which revealed his state of mind and militated against a finding that he had a reasonable belief that he was in imminent danger. Aaron did not see any movement by Jamison or any other person outside of Jamison's vehicle as Aaron approached his home. Therefore, the issue of whether a burglary or other crime had occurred was very much in doubt. Aaron said, "I didn't know if I was talking to a newspaper guy" as he first approached Jamison. Additionally, when Aaron was asked in his testimony before the grand jury what it was that caused him to fire the first shot at Jamison, Aaron volunteered that Jamison's verbal "threats certainly weren't enough."


quote:

The event that caused Aaron to rapidly shoot eight times at Jamison was a sudden movement that Jamison made inside his car. Aaron stated that immediately preceding the shooting he felt he could not get his car from park into gear and drive away from Jamison's threatening behavior. Therefore, Aaron picked up his loaded semiautomatic handgun. There was no need to engage a shell in the gun's chamber, and Aaron extended the gun over across McWilliams by the doorframe and open window, reaching to shoot as Jamison's fatal movement occurred.

Jamison's movement as described by Aaron included his opening the car door. However, the door was just slightly opened and always remained as a barrier between the two men. Jamison never began any movement turning his body to exit the vehicle. His critical movement was described by Aaron as follows:
He opened the door and reached front and left, as if he were reaching between the seat and the door or next to the seat or under the front left portion of the seat, but that's the way he made his motion.
* * * * * *
Because he dipped his whole body under as if he were reaching underneath the seat. I still didn't do anything until he came up so abruptly like he did.



quote:

Other than this description, Aaron never reported that one of Jamison's arms or his hand appeared or extended to be seen above the door. Any arm motion would have necessarily been hindered and obstructed by the door, the steering wheel and the partially closed window. Jamison's body was found seated, with his legs still below the steering wheel. Despite any abruptness of Jamison's motion, there was no demonstration by Jamison indicating that a weapon was drawn and was beginning to be extended around the steering wheel and above the window or that his body was suddenly turning with the door swinging open. Those movements had not begun, and yet Aaron clearly had his gun drawn and pointed at Jamison's head. Aaron did not testify that he gave any advance warning before shooting, not even by the sound of chambering a shell into his gun.

From the above evidence, the jury could conclude that Aaron was not presented with an imminent danger so as to justify a reasonable belief that the killing of Jamison was necessary to save himself from losing his life or receiving great bodily harm. Aaron had perceived what he believed to be a threat posed by Jamison and had initiated his defense by aiming his gun at Jamison. Jamison did not have "the drop" on Aaron. Aaron had the drop on Jamison and fired at a time when Jamison had not begun a threatening action from the confines of his car in which he was limited from posing a deadly threat.

Posted by Rocky4LSU
Covington
Member since Dec 2007
537 posts
Posted on 4/13/16 at 4:30 pm to
Easy guy, read up on gun cases where the Defendant shot someone with +P loads and the shootee was awarded damages. NRA and concealed carry courses tell you to avoid magnums and +P loads. Know your shite before you speak.
Posted by diat150
Louisiana
Member since Jun 2005
47810 posts
Posted on 4/13/16 at 4:30 pm to
quote:

also the earlier pics that purportedly showed the skid marks left by Will's vehicle from being hit by Hayes is also another ding showing Hayes was the aggressor in the whole situation




those pics clearly are definitely not from wills vehicle. an argument could even be made that the fact that he slammed on his brakes was evidence that he didnt intentionally ram will as many are saying.
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66112 posts
Posted on 4/13/16 at 4:30 pm to
quote:

But, he added, the outcome of that search would likely not be made public, for now, to avoid jeopardizing the department's investigation


But they did make it public right?

Posted by Fun Bunch
New Orleans
Member since May 2008
130323 posts
Posted on 4/13/16 at 4:31 pm to
quote:

i wonder what sparked this?

the holes in Thomsons story, I wonder?



Are you kidding? This is a super high profile case now. No matter what he does, he's famous and can make a bunch of money.

His career just got made.
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66112 posts
Posted on 4/13/16 at 4:32 pm to
quote:

he didnt intentionally ram will as many are saying.


I like how this became fact. I imagine Smith brake checked him.
Posted by Mouth
Member since Jan 2008
23080 posts
Posted on 4/13/16 at 4:33 pm to
quote:

Are you kidding? This is a super high profile case now. No matter what he does, he's famous and can make a bunch of money.

His career just got made.


I agree. also thinks he can prob get at least man slaughter.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290902 posts
Posted on 4/13/16 at 4:33 pm to
obviously thats a big part of it too.

just weird timing to just announce an hour ago and have a same day presser, on the heels of Thomson's presser earlier today
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17612 posts
Posted on 4/13/16 at 4:33 pm to
quote:

His career just got made.



he is already a damn fine defense attorney. This will certainly increase his profile.
Posted by LNCHBOX
70448
Member since Jun 2009
89137 posts
Posted on 4/13/16 at 4:33 pm to
quote:

They havent. Taken out of context



quote:

Responding officers did not locate any visible weapons other than the gun authorities believe Hayes used to kill Smith and wound Racquel Smith, NOPD spokesman Tyler Gamble has said


Please explain any other meaning that sentence can have other than "no visible weapons were found except the one that killed Smith."
Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
74444 posts
Posted on 4/13/16 at 4:33 pm to
quote:


But they did make it public right?




They have made it public that they recovered the 2 additional weapons

They have not made public where the weapons were located (inside the vehicles)
This post was edited on 4/13/16 at 4:34 pm
Posted by moneyg
Member since Jun 2006
63089 posts
Posted on 4/13/16 at 4:34 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.



Disagree
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
41110 posts
Posted on 4/13/16 at 4:34 pm to
quote:

I like how this became fact. I imagine Smith brake checked him.



My speculation is that smith peeled off after the initial hit, then Hayes sped off after him down Sophie Wright. With both cars traveling at a high rate of speed, Smith probably brakes hard to not crash into the impala. Hayes is following too closely and slams on his brakes as well, but it's too late and he makes impact with the Mercedes.
Posted by LNCHBOX
70448
Member since Jun 2009
89137 posts
Posted on 4/13/16 at 4:35 pm to
quote:

Easy guy, read up on gun cases where the Defendant shot someone with +P loads and the shootee was awarded damages. NRA and concealed carry courses tell you to avoid magnums and +P loads. Know your shite before you speak.


Whatever you say. You gonna tell me with a straight face that you don't keep your self defense gun (I'm assuming you have one, because otherwise STFU) fully loaded?
Posted by Winkface
Member since Jul 2010
34377 posts
Posted on 4/13/16 at 4:36 pm to
quote:

This will certainly increase his profile.
He's going to be a regular on TV and become the new "it" attorney for criminals.
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66112 posts
Posted on 4/13/16 at 4:36 pm to
ok. I just don't understand the reasoning here though.

If NOPD releases that early on it sways public opinion one way or the other
Posted by BigBrod81
Houma
Member since Sep 2010
22941 posts
Posted on 4/13/16 at 4:37 pm to
quote:

the law says nothing about having your back turned.


quote:

I have said already that if one retreats you cannot just shoot them. shooting someone in the back has absolutely nothing to do with it though and there is no law that says shooting someone in the back decides if it was a legit self defense or not.


So having your back turned now isn't a position of retreat or an instance that removes the imminent factor out of the equation? You guys are really reaching now.
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