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re: Fully loaded 9mm found in Smiths car

Posted on 4/12/16 at 9:49 pm to
Posted by tigerskin
Member since Nov 2004
44592 posts
Posted on 4/12/16 at 9:49 pm to
Hayes didn't get a chance to get out and see what the damage was. You are living in a dreamworld thinking people would respond "oh well"
Posted by saintsfan22
baton rouge
Member since May 2006
78257 posts
Posted on 4/12/16 at 9:50 pm to
quote:

Payton maybe should've kept his mouth shut now that his boy was carrying too,

Actually it kinda proves his point. He said we're gun obsessed and looked what happened when two dudes got in an argument over a minor car accident.
Posted by Vacherie Saint
Member since Aug 2015
45901 posts
Posted on 4/12/16 at 9:51 pm to
quote:

what are they supposed to hit him with when there are so many loose ends?


you are going on record saying the Murder 2 is going to stick?


The cops don't just charge you with Murder 2 on weak evidence for shits and giggles. You can be held for days without charges for a crime like this, so there is no need to rush to judgement. There were multiple witnesses and the intended charge were made public on the 10th.

In my opinion, Hayes will not even plea self defense, but instead try to go for a lesser charge, perhaps manslaughter. That would explain his lawyer's statements to a tee.
Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
73891 posts
Posted on 4/12/16 at 9:51 pm to

that doesn't mean visible in the car. Your thirst for arguing in this thread knows no bounds

The next paragraph even says the outcome of searching the vehicles would not be made public at the time

Which means the .45 wasn't found in the vehicle if they weren't disclosing that info, nor would they confirm any "visible" weapons in the car

quote:

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 Zach Lee To Amp Hill
New Orleans
Member since Mar 2016
4908 posts
Posted on 4/12/16 at 9:52 pm to
quote:

Actually it kinda proves his point. He said we're gun obsessed and looked what happened when two dudes got in an argument over a minor car accident.



I agree. Bad shite usually happens when guns are involved. But I doubt he meant it in that way.
Posted by BigBrod81
Houma
Member since Sep 2010
22484 posts
Posted on 4/12/16 at 9:53 pm to
quote:

I'm not trying to prove you wrong but you are dense.


Dense? You can can't even decipher the difference between stand your ground or self defense you idiot. You & that other poster keep on bringing up the stand your ground law. That law doesn’t apply to this situation because Hayes wasn't protecting himself or his property from an intruder. What that lawyer you quoted is describing is basic self defense law. Go to bed & try this again in the morning.
This post was edited on 4/12/16 at 10:03 pm
Posted by Vacherie Saint
Member since Aug 2015
45901 posts
Posted on 4/12/16 at 9:55 pm to
quote:

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.


soooo, can everyone shut up about the magic disappearing Will Smith gun theory now? please?



Posted by Lester Earl
3rd Ward
Member since Nov 2003
287936 posts
Posted on 4/12/16 at 9:56 pm to
lets try this again

you are going on record saying the Murder 2 is going to stick?
Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
73891 posts
Posted on 4/12/16 at 9:58 pm to
You don't even understand what you're arguing

Where the guns were found hasn't been revealed, and that's a fact. Other than twisting news reports and speculation

Try again
Posted by LNCHBOX
70448
Member since Jun 2009
88576 posts
Posted on 4/12/16 at 9:58 pm to
quote:

that doesn't mean visible in the car. Your thirst for arguing in this thread knows no bounds


No visible weapon recovered doesn't mean visible in the car. OK.

I'm sure they just didn't go through the crime scene.
Posted by BigBrod81
Houma
Member since Sep 2010
22484 posts
Posted on 4/12/16 at 10:01 pm to
quote:

I don't even understand what I'm arguing because all I care about is knighting for my buddy Lester.


FIFY
Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
73891 posts
Posted on 4/12/16 at 10:02 pm to
So in the next paragraph talking about disclosing evidence found in the car:

quote:

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

So you think they made it public that no visible weapons were found in the car when the next paragraph says that that info wouldn't be made public ?

Explain that one to me
Posted by teampick
Member since Jan 2015
2400 posts
Posted on 4/12/16 at 10:02 pm to
(no message)
This post was edited on 4/12/16 at 10:05 pm
Posted by Lester Earl
3rd Ward
Member since Nov 2003
287936 posts
Posted on 4/12/16 at 10:03 pm to
quote:

knighting for my buddy


i dont think this means what you think it means
Posted by Sprung
In between the cusions
Member since Apr 2008
1942 posts
Posted on 4/12/16 at 10:05 pm to
You don't have to be protecting your property dumb arse.

LINK

It all depends on who the jury determines was the aggressor. frick!

quote:

He said every citizen is afforded the right to protect self, property or another individual from another person when they fear bodily harm or loss of life is imminent. This means that whatever force is reasonably necessary to protect oneself from bodily harm or loss of life is permitted by law.


Notice it says the right to protect self.

Good night


Posted by Vacherie Saint
Member since Aug 2015
45901 posts
Posted on 4/12/16 at 10:05 pm to
quote:

lets try this again

you are going on record saying the Murder 2 is going to stick?


LOL, I have to go "on record" on a message board for you, daddy?

If he pleads down to a lesser charge and the DA accepts the deal, is that "not sticking" to you. I don't think you understand how this stuff works. Based on what we know through the media, Hayes is fricked. There may be some nuance throughout the process as this is litigated, and no one knows how it will end, but I think its safe to say Hayes is going to jail for a long time.

Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
73891 posts
Posted on 4/12/16 at 10:05 pm to
Way to deflect when proven wrong, mate

See you back here when they disclose where the weapons were found. Hopefully Smith's was in a console like you're speculating
Posted by Lester Earl
3rd Ward
Member since Nov 2003
287936 posts
Posted on 4/12/16 at 10:07 pm to
you are either sure of what the evidence is or you aren't, and being that you are afraid to go out on a limb, i just dont think you are as sure as you lead on.
Posted by Vacherie Saint
Member since Aug 2015
45901 posts
Posted on 4/12/16 at 10:16 pm to
quote:

you are either sure of what the evidence is or you aren't, and being that you are afraid to go out on a limb, i just dont think you are as sure as you lead on.


No one outside of the NOPD and people involved know exactly what happened. How sure are you? What are you going to do if I don't guarantee a murder 2 conviction- kick my arse? Why do I have to guarantee you anything? My opinions are based purely on the evidence made public and the opinions of the investigators and attorneys assigned to this case who have spoken to the public through the media. That evidence suggests that Hayes is going to be making license plates for the next few years.




Posted by BigBrod81
Houma
Member since Sep 2010
22484 posts
Posted on 4/12/16 at 10:19 pm to
quote:

Where the guns were found hasn't been revealed


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.




quote:

Police executed the search warrant on Smith's Mercedes G64 and Hayes' Hummer H2 on Tuesday morning. They found a fully-loaded, 9-millimeter handgun in Smith's vehicle, and a fully-loaded revolver in Hayes' vehicle.


quote:

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.



quote:

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.



So NOPD just so happened to go out their way to obtain search warrants for all 3 vehicles involved when they did have to? If Smith's gun was visible, why didn't just confiscate it while they combing through the plain view evidence?

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