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

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Three people who live in the area said they heard the chain reaction when Hayes’ Hummer rammed into the back of the Mercedes, which in turn hit the Impala, according to police.

They also saw pieces of a volatile argument on the street or its bloody aftermath.

All three said they saw a man without a shirt who appeared to play a central role in the altercation. That wasn’t Smith, according to one witness who said the man he saw slumped in the Mercedes with an arm over the steering wheel was fully clothed.

Two witnesses, who refused to be identified, said the shirtless man had charged the big man standing by the Hummer — their description matching the 28-year-old, 300-pound Hayes. The man without a shirt was acting “ridiculous,” one witness said.

Two witnesses said a woman struggled to hold the shirtless man back from going toward the Hummer.

There were several big men there, the witnesses said. One of them — Hayes’ close friend Kevin O’Neal, according to his attorney — stepped out of the Hummer’s passenger seat. The witnesses said they could not see well enough to know whether he held a gun.

The two witnesses who saw the scuffle said that shortly after the shooting, the big man near the Hummer who matched the description of Hayes slammed his open palms on the hood of the car and placed a gun on the windshield.

Another witness said he heard the shots — first two, then several more — and walked over to see a man without a shirt marching up Camp Street, near the tip of a narrow triangle at Felicity Street, paces from the shooting scene.

He was very agitated, the witness said, as if wanting to leave.

The witness said he then turned down Sophie Wright Place toward Magazine Street to find Racquel Smith laying on the sidewalk alone, with parked cars between her and the shooting scene. Squad cars were just arriving.

She appeared to be in shock, the witness said, adding that he didn’t see the shirtless man leave the scene.

“We have reason to believe it was someone other than Smith who removed his shirt. He was part of Smiths’ group,” said Jay Daniels, another attorney for Hayes. “He and Smith approached our client’s vehicle, and we believe Cardell wasn’t the aggressor.”

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The two witnesses who saw the scuffle said that shortly after the shooting, the big man near the Hummer who matched the description of Hayes slammed his open palms on the hood of the car and placed a gun on the windshield. 

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everything from this article that Chad just quoted is really bad for Hayes in my book

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You cant be serious?

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The two witnesses who saw the scuffle said that shortly after the shooting, the big man near the Hummer who matched the description of Hayes slammed his open palms on the hood of the car and placed a gun on the windshield.

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The NOPD thing is straight out of the playbook. Make it about everything but Hayes. LOOK OVER HERE

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He said everything in the update is bad for Hayes. That it ridiculous. The update includes witnesses saying a shirtless man acting "ridiculous" ran up and confronted Hayes at his vehicle. That is a bad update for Hayes? Come on Bunch that is crazy to say everything in the article is bad for Hayes

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None of the witnesses The Advocate spoke with said they heard what an anonymous person on a darkened online video of the incident described as a dual declaration of arms before one man was shot dead. The Advocate has not been able to verify who the man in the video is and whether he witnessed the shooting.

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Police said Wednesday they also expect to book Hayes in the shooting of Racquel Smith, known to friends as “Rockie.” An NOPD spokesman said the agency may book Hayes on suspicion of either attempted murder or aggravated battery, depending on the evidence.

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Fuller has never explicitly said that Hayes killed the Super Bowl champion defensive end, but has said his client is “legally not guilty.”

He has asserted that a witness saw Smith “in possession of a gun” before he was shot dead, and he has alleged that a witness spotted “untoward activity” — possibly by an unnamed former New Orleans Police Department member — that could explain why Smith’s weapon wasn’t found until more than two days after the shooting.

None of the witnesses with whom The Advocate spoke claimed to have seen such things.

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