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

Posted on 4/14/16 at 2:41 pm to
Posted by Fun Bunch
New Orleans
Member since May 2008
130314 posts
Posted on 4/14/16 at 2:41 pm to
quote:

If his story his true, it doesnt help or hurt anyone. Other factors will still be very important


Other factors are always important.

I'm assuming the facts are exactly true as presented. He fired shots at her legs and struck her twice to prevent her from walking back to the vehicle to get the gun. Will sees his wife shot and turns to get his gun and is shot 8 times.

I would say he would be fricked pretty hard IF those are the facts.

As with anything, other factors will always be important but if those are the sequence of events, he's screwed.

There's actually a LA SpCrt case I saw directly on point. Guy threatened him with knife, said I'm going back to get knife, other guy shot him dead to prevent that. Guilty.
Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
74444 posts
Posted on 4/14/16 at 2:42 pm to
quote:

highly doubtful


Is it?

Smith defenders have blamed HER for being a crazy bitch in the domestic abuse case. Like he had to put her in check bc she was acting nuts in the club

So if you want to play that angle, she obviously not afraid of altercation

Why is she out of the car anyway? Smith has another man w him already confronting Hayes?

Was she inebriated?

Fwiw, I think Thomson said she had a bulket enter through the side of her leg and exit the other side. Don't quote me on that though

quote:

I'm assuming the facts are exactly true as presented. He fired shots at her legs and struck her twice to prevent her from walking back to the vehicle to get the gun. Will sees his wife shot and turns to get his gun and is shot 8 times


Prevent her from walking back to car? Isn't this taking place at Smith's driver side door?
This post was edited on 4/14/16 at 2:44 pm
Posted by Sparkplug#1
Member since May 2013
7352 posts
Posted on 4/14/16 at 2:43 pm to
quote:

How is your "friend" involved in this?


He was there.
Posted by WhoDat37
Member since Mar 2016
431 posts
Posted on 4/14/16 at 2:44 pm to
quote:

He didn't say.


I'm talking about the information we know from yesterday or the day before about the gun wounds
Posted by lsupride87
Member since Dec 2007
111522 posts
Posted on 4/14/16 at 2:44 pm to
quote:


I'm assuming the facts are exactly true as presented. He fired shots at her legs and struck her twice to prevent her from walking back to the vehicle to get the gun. Will sees his wife shot and turns to get his gun and is shot 8 times.

I would say he would be fricked pretty hard IF those are the facts.

I disagree with that alone. If someone is holding me back, and telling their wife to go get their gun, I am shooting both people before that gun is retrieved.


It depends on this

If Hayes brandished gun, then will grabbed him and said "Honey, go get my gun!" Then it would be murder as Smith was the one trying to use self defense

or

They were exchanging words, then Smith grabs Hayes and says "Go get my gun", I would see Hayes as the one needing self defense and Smith as the aggressor


Based on what Spark gave us. It could be either or. For some reason you seem to want to make case 1 what happened
Posted by Mouth
Member since Jan 2008
23080 posts
Posted on 4/14/16 at 2:44 pm to
quote:

Is it?

Smith defenders have blamed HER for being a crazy bitch in the domestic abuse case. Like he had to put her in check bc she was acting nuts in the club

So if you want to play that angle, she obviously not afraid of altercation


I retracted my "highly doubtful" comment.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290902 posts
Posted on 4/14/16 at 2:45 pm to
my guess is he said "hunny, get the damn gun", in hopes to scare Hayes off, not knowing he was packing. Just a guess
Posted by lsupride87
Member since Dec 2007
111522 posts
Posted on 4/14/16 at 2:46 pm to
quote:

There's actually a LA SpCrt case I saw directly on point. Guy threatened him with knife, said I'm going back to get knife, other guy shot him dead to prevent that. Guilty.
Well that was a terrible jury or lawyer if that is what happened. Unless it was clear the guy could get away instead of shoot. In this case, spark said Hayes was being held by Smith....
Posted by Fun Bunch
New Orleans
Member since May 2008
130314 posts
Posted on 4/14/16 at 2:48 pm to
quote:

I disagree with that alone. If someone is holding me back, and telling their wife to go get their gun, I am shooting both people before that gun is retrieved.


Well, you can't do that.
Posted by Sparkplug#1
Member since May 2013
7352 posts
Posted on 4/14/16 at 2:48 pm to
quote:

Which is coming from a poster on this board posting what his friend thought was happening. Holds very little water with me.


I'm with you, but he told me Raquel was shot first, on Monday. The odds aren't that great of this info becoming public yesterday. But, then I'm someone that could be totally trolling. Believe me or don't, I'd be very skeptic as well.
Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
74444 posts
Posted on 4/14/16 at 2:48 pm to
Just listened to Thomson again

Smiths wife and another woman walked smith back to the driver door of smiths car after the initial confrontation.
Posted by Fun Bunch
New Orleans
Member since May 2008
130314 posts
Posted on 4/14/16 at 2:48 pm to
quote:

Well that was a terrible jury or lawyer if that is what happened. Unless it was clear the guy could get away instead of shoot. In this case, spark said Hayes was being held by Smith....



Its one of the oldest and well established cases of self defense in Louisiana.

You have to be in IMMINENT DANGER. Imminent is a very, very, very high standard. Them saying they are going to do something isn't enough.
Posted by lsupride87
Member since Dec 2007
111522 posts
Posted on 4/14/16 at 2:49 pm to
quote:

Well, you can't do that.

Yes I can. And legally too. If someone is holding me, and telling someone else to go get a gun, I can shoot the person going for the gun. Absolutely. Then if the person holding me goes for said gun, I can shoot them too. No way you are about to argue differently
Posted by Mouth
Member since Jan 2008
23080 posts
Posted on 4/14/16 at 2:49 pm to
quote:

my guess is he said "hunny, get the damn gun", in hopes to scare Hayes off, not knowing he was packing. Just a guess


yup

then shot her, then shot Will right as he was getting to his door.
Posted by Chad504boy
4 posts
Member since Feb 2005
179042 posts
Posted on 4/14/16 at 2:49 pm to
quote:

spark said Hayes was being held by Smith....



How is Smith simultaneously holding Hayes and Hayes is easily able to shoot her in both legs?

And if Hayes shot Racquel in front of Smith when Smith was "just holding him", why wouldn't Will have tried to have taken Hayes down with having numbers behind him, instead retreating to get the gun his wife tried to get after she just got shot?
Posted by diat150
Louisiana
Member since Jun 2005
47810 posts
Posted on 4/14/16 at 2:49 pm to
quote:

ts one of the oldest and well established cases of self defense in Louisiana.

You have to be in IMMINENT DANGER. Imminent is a very, very, very high standard. Them saying they are going to do something isn't enough.




how old?
Posted by Fun Bunch
New Orleans
Member since May 2008
130314 posts
Posted on 4/14/16 at 2:50 pm to
quote:

If someone is holding me


I missed this part.

How would someone be holding you and then you be able to shoot them both?
Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
74444 posts
Posted on 4/14/16 at 2:50 pm to
Smiths body was between racquel and the killer in the doorway of the Benz

24:30 of the presser
Posted by Fun Bunch
New Orleans
Member since May 2008
130314 posts
Posted on 4/14/16 at 2:50 pm to
quote:

how old?


Old. Stand Your Ground doesn't effectively change it. Its been cited recently.
Posted by lsupride87
Member since Dec 2007
111522 posts
Posted on 4/14/16 at 2:51 pm to
quote:

Them saying they are going to do something isn't enough.
I disagree with you. There have been multiple cases where people can use self defense based on words matched with certain actions.
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