re: Fully loaded 9mm found in Smiths car

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NOPD found 'fully-loaded 9 millimeter handgun inside (Will) Smith’s vehicle' More to come at @NOLAnews

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Article also says two other people, a man and a woman were in the backseat of Smith's SUV. Will be interesting to hear what their statements are about the incident and how it happened and whether Smith was intoxicated at the time.

Yes, IF that is how it went down. It's still not self defense IMO.


I just don't believe this was how self defense was intended to be used.

Hayes struck him with his vehicle (saying after Smith hit him first) Hayes got out his vehicle with his gun and escalated the entire situation by this action.

They get into a heated argument. If anything Will Smith could now be fearing for his life. Say he says what is reported, by saying, "I have a gun in my car" He can be saying this as a means to get the guy to calm down or back down. It still doesn't mean he intends to shoot him right away. This guy is now reported to have said something along the lines of "Well so do I" and then he fires and kills Smith as he is either back in his vehicle or going back to his vehicle. That just isn't self defense when he keeps pursuing. If Hayes feared for his life why wouldn't he just walk away and at least head back to his vehicle and wait for the police.. If Smith did go get his gun and started coming out of his vehicle then that is more understanding. But if Smith is just simply stating he has a gun, it doesn't validate this guy shooting him in the back.. It doesn't validate him pursuing Smith.

Who knows what all is said, but again, none of this ever had to be.. It's awful.

If Hayes didn't want to be a straight up murderer shooting him in the back, why didn't he draw his gun and at least make demands. I still don't find this to be a correct action, but at least if would have given him an option. I just feel like in a heated argument they were both probably being hard asses.. but Hayes went too far. This is just an opinion though. I'm not at all claiming I know what all transpired.

I look forward to hearing the wife's account of what went down.

Again if a guy claims he has a gun, and I know I have a gun. I would like to believe it's not worth sticking around to find out. It's a freaking fender bender. Period.. unless there's more to Hayes actually targeting this guy. We shall see. I would rather avoid this situation if possible or try to work something else out. I absolutely would not be trailing the guy as he is walking back to his car. I think I would either head back to my vehicle and drive away, or take cover and draw my weapon.

Shooting and killing should be a last resort or an absolutely necessary. We shall see what happens here.

I just don't know. Trying to put myself in those shoes IF this is even what happened. Even if a guy says he has a gun after a heated argument and I have a gun.. I dunno if I would first say, "Yeah me too" Maybe I would keep that unknown and ask him not to resort to that.. even if I was pissed, it's not worth getting to that stage and I believe I would turn my tune to try to avoid it. It seems like this guy Hayes had the gun out already, perhaps that's why Will Smith made the comment. Who knows.. Who knows.. but I feel like Hayes is still the aggressor of all of this.

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Hayes has told the truth so far but shooting someone in the back doesn't justify self defense.

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It's enough to make a strong argument for self-defense. He had cause to approach the vehicle. All of the passengers of Smith's vehicle are not credible witnesses due to their obvious bias. Assuming the defendant didn't say anything to incriminate himself the only thing the prosecution will have to go on is witness testimony and forensic evidence. If the gun was not in plain sight the defense could argue one of the passengers stashed it after the shooting. I am guessing this won't work out like a lot of people here are hoping. Especially if Smith's toxicology report comes back less than Saintly.

Friendly reminder the burden of proof is on the prosecution. They will have to prove behind all doubt that Smith did not pull out or reach for a weapon in the confrontation. You brandish a weapon and lose it's hard to win anything.

Oh, and down-vote me all you want clowns. If Smith did the right thing from the get-go (pulled over and talked with the driver), more than likely he'd still be alive and his wife wouldn't be shot. There are a lot of people in jail due to conflicts caused by more petty things than a fender bender. Don't be an a-hole and try to do the right thing.

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Fully loaded 9mm found in Smiths car by CajunsTigersSaints

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And?

My theory, it got physical, will choked him or put hands on him. Gun was pulled on him by Hayes. Will says "I got a gun too" reached either under the seat (back exposed) or across to glove compartment (back exposed) and hayes felt scared and shot him. This is New Orleans that dude probably just knew he was about to get shot so he tried to save himself. Hate that Will is dead but Hayes has a case potentially. Only problem for Hayes is there's no proof the gun would have gotten used. He just reacted out of fear. Once i heard the dude didn't run away after, I knew there was more to this. They needed to just scrap it out. Why pull a gun in the first place, it's still Hayes fault even though we're an open carry state. It was unnecessary.

Let's not forget hayes is a felon and should of not had a gun

It was a misdemeanor. Not a felon charge from what I heard

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New Orleans Police said officers recovered a fully loaded 9-millimeter handgun from former New Orleans Saint Will Smith's vehicle and a second gun from Cardell Hayes' vehicle. 

Police also revealed this afternoon that there was a man and a woman in the vehicle with Smith and his wife when Smith was fatally shot and his wife was shot and injured. 

The shooting happened after a hit-and-run accident in New Orleans' Lower Garden District Saturday night. 

Hayes has been jailed on a second-degree murder charge in what police say was a road-rage shooting.

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So katc reporting a 2nd loaded handgun found in hayes hummer

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Let's not forget hayes is a felon and should of not had a gun

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What felony charge? From all I've heard it was damn near miraculous work his attorney did to reduce the charges dramatically