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

Posted on 4/14/16 at 2:51 pm to
Posted by Sparkplug#1
Member since May 2013
7352 posts
Posted on 4/14/16 at 2:51 pm to
quote:

Does he say if Hayes had his gun out or if he pulled it out once Smith went for their gun?


He didn't say. It's like pulling teeth with him, which is understandable.
Posted by Fun Bunch
New Orleans
Member since May 2008
130314 posts
Posted on 4/14/16 at 2:52 pm to
quote:

There have been multiple cases where people can use self defense based on words matched with certain actions.




Can you link some of the Louisiana cases? I'd like to read them for my own personal knowledge.
Posted by lsupride87
Member since Dec 2007
111522 posts
Posted on 4/14/16 at 2:52 pm to
quote:

I missed this part.

How would someone be holding you and then you be able to shoot them both?

Spark said Smith was grabbing and holding Hayes while he told his wife to go get the gun.


I can use my hands and arms when getting held/grabbed. It is pretty neat
Posted by lsupride87
Member since Dec 2007
111522 posts
Posted on 4/14/16 at 2:53 pm to
quote:

Can you link some of the Louisiana cases? I'd like to read them for my own personal knowledge.
Go review your cases. You arent the only attorney in here, or in the world. Smartass
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290902 posts
Posted on 4/14/16 at 2:53 pm to
about what point in that ordeal would you feel threatened for your life? does Smith have to have the gun in his hand, pointed at you?

shite at that point you are dead
Posted by Fun Bunch
New Orleans
Member since May 2008
130314 posts
Posted on 4/14/16 at 2:54 pm to
quote:

Go review your cases. You arent the only attorney in here, or in the world. Smartass



Yeesh. Overreact much? I was honestly interested. I thought you had some cases that you had read recently that you could link to me.

Jeez man.
Posted by lsupride87
Member since Dec 2007
111522 posts
Posted on 4/14/16 at 2:56 pm to
quote:

Yeesh. Overreact much? I was honestly interested. I thought you had some cases that you had read recently that you could link to me.

Jeez man.
Im not actually mad. But dont act like you werent trying to pull your lawyer card on me There is self defense trials in our states history where the deceased was completely unarmed. Our statute simply states this:

quote:

(1) 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. (2) When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.
This post was edited on 4/14/16 at 2:57 pm
Posted by Fun Bunch
New Orleans
Member since May 2008
130314 posts
Posted on 4/14/16 at 2:56 pm to
quote:

about what point in that ordeal would you feel threatened for your life? does Smith have to have the gun in his hand, pointed at you?


I understand your point, but "feeling threatened" isn't the standard.

Smith holding him in place while he tells his wife to go get a gun, assuming that Hayes didn't threaten them with a gun first, does change things. I didn't read the "held him" part.
Posted by Fun Bunch
New Orleans
Member since May 2008
130314 posts
Posted on 4/14/16 at 2:57 pm to
quote:

But dont act like you werent trying to pull your lawyer card on me There is self defense trials in our states history where the deceased was completely unarmed



Sure there are. But again, there were some pretty serious circumstances involved, or Castle Doctrine, etc etc.

Its all going to come down to the sequence of events. To me, it looks really bad for Hayes for the most part. You guys will never see it that way though, no matter what comes out.
Posted by Mouth
Member since Jan 2008
23080 posts
Posted on 4/14/16 at 2:58 pm to
quote:

I didn't read the "held him" part.


spark said his friend could of meant physically held or blocking him.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290902 posts
Posted on 4/14/16 at 2:58 pm to
quote:

Smith holding him in place while he tells his wife to go get a gun, assuming that Hayes didn't threaten them with a gun first, does change things. I didn't read the "held him" part.




word. I agree with that for sure.
Posted by diat150
Louisiana
Member since Jun 2005
47810 posts
Posted on 4/14/16 at 2:58 pm to
quote:

Yeesh. Overreact much? I was honestly interested. I thought you had some cases that you had read recently that you could link to me.

Jeez man.


Here is one.

LINK

kids try to buy dope from a guy then get in an argument. they hop in vehicle and start leaving and he starts shooting killing one of them and hitting another. case doesnt make it past grand jury. what are your thoughts?

you also have the marshall coulter case where he was in the yard but did not have a weapon and was 30 feet away. it was also shown that he was possibly retreating due to the placement of the bullet.
Posted by lsupride87
Member since Dec 2007
111522 posts
Posted on 4/14/16 at 2:59 pm to
quote:

You guys will never see it that way though, no matter what comes out.
bullshite. Once we find out from witnesses if Hayes brandished his weapon or threatened the use of his weapon first, he is toast. That is the piece I am waiting for to fall.
Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
74444 posts
Posted on 4/14/16 at 3:00 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. "Smiths thought situation was over"

Smiths body was between racquel and the killer in the doorway of the Benz, so RS is closest to accessing a gun if indeed she was going for it

RS shot in right knee first, then left femur, bullet exits other side of leg


Details per Smith's attorney
Posted by lsupride87
Member since Dec 2007
111522 posts
Posted on 4/14/16 at 3:00 pm to
quote:

Smith holding him in place while he tells his wife to go get a gun, assuming that Hayes didn't threaten them with a gun first, does change things. I didn't read the "held him" part.
Aight, We cool, we cool
Posted by diat150
Louisiana
Member since Jun 2005
47810 posts
Posted on 4/14/16 at 3:00 pm to
quote:

Old. Stand Your Ground doesn't effectively change it. Its been cited recently.


give us a case because I would like to read it.
Posted by Mouth
Member since Jan 2008
23080 posts
Posted on 4/14/16 at 3:01 pm to
quote:

Its all going to come down to the sequence of events. To me, it looks really bad for Hayes for the most part. You guys will never see it that way though, no matter what comes out.


I think its bad for Hayes.. even though he likely shot them both bc he thought they were going to get a gun.

Posted by Sparkplug#1
Member since May 2013
7352 posts
Posted on 4/14/16 at 3:01 pm to
quote:

said Smith was grabbing and holding Hayes while he told his wife to go get the gun.


No, I said blocking, not sure if physically blocking. My friend described it as Will and the shooter were still arguing when she went for the gun. He used the term blocking.

Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
74444 posts
Posted on 4/14/16 at 3:03 pm to
quote:

Smiths body was between racquel and the killer in the doorway of the Benz


Smiths attorney


quote:

No, I said blocking, not sure if physically blocking. My friend described it as Will and the shooter were still arguing when she went for the gun. He used the term blocking.


Spark plug friend
Posted by lsupride87
Member since Dec 2007
111522 posts
Posted on 4/14/16 at 3:04 pm to
quote:

No, I said blocking, not sure if physically blocking. My friend described it as Will and the shooter were still arguing when she went for the gun. He used the term blocking.
Well geez can you tell your friend to be a little more vaque. Was he not holding? Was he simply teaching him some technique and it all got misconstrued?
This post was edited on 4/14/16 at 3:05 pm
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