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

Shell, road rage in this incident would have came from Smith, not Hayes. What is the base for him to get road rage?

I'm not saying rage doesn't happen in non contact events. But if you stop short on someone, the guy in the back is the one to get mad, not the vehicle in the front

No, I wouldn't either, but I would if he stepped out advanced, shot my wife twice and was blazing away. Flashing a weapon at somebody is common in trying to intimidate the other person.

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road rage in this incident would have came from Smith, not Hayes

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Overreacting to what another driver does is the very definition of road rage. You're not being serious right now, right?

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He isn't the only veteran lawyer to say that

Foret & Murdock said the same

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Its Smith's attorney's attempt to build public perception.

It does effect the DA for sure, and I'm sure he's not thrilled, but they can still present whatever case they want.

I've actually served on a pretty high profile jury. I was shocked when I got picked because they rarely pick attorneys. When I ran into the Defense Attorney a few years later, he told me he picked me because he thought I would rationalize the facts and sway the rest of the jurors. Which I did, unfortunately his clients were guilty as frick, DNA evidence and everything.

Anyway, for the most part, jurors were very good about throwing out preconcieved notions and going with what the attorneys were telling them. A lot of it came down to people disliking the defense attorney which colored a lot of jurors perceptions.

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Overreacting to what another driver does is the very definition of road rage. You're not being serious right now, right?

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how do we know Smith didn't slam on his brakes to try and ward off Hayes from following?

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A lot of it came down to people disliking the defense attorney which colored a lot of jurors perceptions.

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thats fricked up. I always wanted to serve on a jury but always get released or they settle the case.

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how do we know Smith didn't slam on his brakes to try and ward of Hayes from following?

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We don't, that doesn't make LE's claim any more sensible.

The DA def isn't thrilled the family attorney spoke

He is praying to God that Mrs. Smith was truly shot first now

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but what if will was going to grab the gun and the wife was trying to stop him and was collateral damage?

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This is what you clowns can't seem to comprehend. The gun would have had to be visibly in Will's hands for Hayes to see to make this an imminent danger situation. That was the whole point of me posting the facts of the other case. Donald shot Jamison because he thought Jamison was reaching for a weapon under his seat yet Donald shot Jamison before ever seeing his hands. How hard is this to understand? The quotes I posted clearly stated the jury convicted Donald on these facts & not the lame shite you keep bringing up. Everything points to Will's gun still being in a compartment in the vehicle. From the lawyer's statement to the fact a warrant was issued to confiscate it. Had Will's gun been in plan view, no warrant would have been necessary. This is like discussing this topic with a hard headed toddler.

Again I posted this last night but I will again concerning plain view & automobile evidence seizures.

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2. Plain View Exception

No warrant is required to seize evidence in plain view if the police are legitimately in the location from which the evidence can be viewed. For example, an officer cannot illegally enter a suspect’s back yard and then use the plain view exception to seize an illegally kept alligator living in the pool. But, if on the premises to serve a warrant duly issued to search for marijuana plants, the alligator, if in plain view, can rightly (though by no means easily) be seized.

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5. Automobile Exception

Because vehicles are obviously highly mobile, a warrant is not required to search vehicles if police have probable cause to believe the vehicle contains evidence of a crime, the instrumentalities of crime, contraband, or the fruits of a crime. Although commonly referred to as the “automobile exception,” this rule applies to any vehicle, including boats. While in some ways, it is quite a broad exception, this rule limits the ability to search those areas which might contain evidence of the type suspected to be present. In other words, if police suspect that the occupant of a boat is smuggling people across the border, searching a small tackle box on board would not be permissible. However, if they were looking for drugs, they could search the tackle box. The rationale is that, if an officer has to take the time to obtain a warrant, the vehicle might be out of reach before the warrant can be issued and executed. See Carroll v. United States, 267 US. 132 (1925).

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Exceptions for warrant requirements

The fact that Smith's gun & the revolver found in Hayes' Hummer were only confiscated after exercising a search warrant let's you know these weapons were stashed in a compartment in both vehicles. Smith's lawyer clearly said this was indeed the case with Smith's gun.

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Shell, road rage in this incident would have came from Smith, not Hayes. What is the base for him to get road rage?

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Your ignorance is absolutely astonishing.

You just can't help yourself.