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Message

re: Fully loaded 9mm found in Smiths car

Posted on 4/12/16 at 8:25 pm to
Posted by patendedgmf
BR
Member since Jun 2006
1443 posts
Posted on 4/12/16 at 8:25 pm to
Posted by goatmilker
Castle Anthrax
Member since Feb 2009
73762 posts
Posted on 4/12/16 at 8:25 pm to
Maybe its "confirmed".
Posted by Lester Earl
3rd Ward
Member since Nov 2003
287936 posts
Posted on 4/12/16 at 8:26 pm to
quote:

If Smith's gun within arms reach or in his possession, there would have been no need to obtain a warrant to search for it.


if he turned to get it out of his console but was never able to pull it out because he was shot, well by golly, it would still be in his fricking console.


quote:

If Smith isn't shot near the driver door of his vehicle then how does his wife receive a stray bullet to the l


you are asking how could the bullet hit the wife?

You just called it a "stray" bullet yourself. Do you know what stray means, fella?
Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
73891 posts
Posted on 4/12/16 at 8:28 pm to
quote:

If Smith's gun within arms reach or in his possession, there would have been no need to obtain a warrant to search for it. It would have been evidence as part of the crime scene. Derp.


From NOLA.com 4:55pm today

quote:



Police announced the discovery of the additional two weapons three days after the shooting, as questions continued to mount about the circumstances surrounding the incident.

Police had previously said they were waiting for a search warrant in order to look inside Smith's SUV and Hayes' Hummer. That warrant was executed Tuesday morning, police said....

The vehicles were towed, Gamble said, to "preserve the evidence" while the warrants were obtained.

"It takes time to process evidence and these types of inventories are done in a very methodical way," Gamble said.
Posted by Sprung
In between the cusions
Member since Apr 2008
1942 posts
Posted on 4/12/16 at 8:31 pm to

You said

quote:

Was Smith not shot standing next to or partially in his vehicle from the pictures posted on Nola.com?


So if in the heat of the argument Smith says hold on motherfricker and goes toward his car then....




quote:

“A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using force or violence as provided for in this Section and may stand his or her ground and meet force with force.”
Posted by Vacherie Saint
Member since Aug 2015
45901 posts
Posted on 4/12/16 at 8:31 pm to
quote:

Lester Earl




Posted by Lester Earl
3rd Ward
Member since Nov 2003
287936 posts
Posted on 4/12/16 at 8:32 pm to
article on NOLA.com just posted

quote:

Ben LaBranche, a Baton Rouge criminal defense attorney, said the case will likely come down to who the jury considers was the aggressor when the argument ended with gunfire at the intersection of Sophie Wright Place and Felicity Street.


quote:

"If he's in a place a where he's lawfully allow to be, he's not the aggressor, and he's in situation facing serious bodily injury or death, he can use his weapon," LaBranche said.


quote:

LaBranche said the chief challenge before prosecutors is to show that Hayes did not act in self-defense. Their case could rest on whether the investigation proves, with firm forensic evidence, that Smith was shot while in a prone or defensive posture, and not reaching for a gun and leading Hayes to fear for his life.


quote:


"Prosecutors going to argue that it was not lawful for (Hayes) to follow (Smith), pull him over, approach him in that manner. The defense is going to say he was trying to get a license number," he said. "They're both legally allowed to be on the street. It's going to be about who's the aggressor."


LINK
Posted by airfernando
Member since Oct 2015
15248 posts
Posted on 4/12/16 at 8:32 pm to
quote:

Shooter will spends his days in Angola picking peas
probably plea bargain down to 7-10 at most, maybe as few as 5.
Posted by Crow Pie
Neuro ICU - Tulane Med Center
Member since Feb 2010
27107 posts
Posted on 4/12/16 at 8:32 pm to
TPOS Hayes will never see the light of day. He murdered a high profile celebrity by shooting him in the in the back. This ain't that complicated .
Posted by LNCHBOX
70448
Member since Jun 2009
88576 posts
Posted on 4/12/16 at 8:33 pm to
Somewhere where it wasn't visible and required a warrant to get.
Posted by Fun Bunch
New Orleans
Member since May 2008
127757 posts
Posted on 4/12/16 at 8:34 pm to
Sigh.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
287936 posts
Posted on 4/12/16 at 8:34 pm to
so you are saying the news hasn't reported anything one way or another on where the gun was found
Posted by BigBrod81
Houma
Member since Sep 2010
22484 posts
Posted on 4/12/16 at 8:35 pm to
quote:

So if in the heat of the argument Smith says hold on motherfricker and goes toward his car then...


Does not equal....

quote:

“A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using force or violence as provided for in this Section and may stand his or her ground and meet force with force.”


Especially since Hayes was already outside of his own vehicle. What part about that do you not comprehend?
Posted by Sprung
In between the cusions
Member since Apr 2008
1942 posts
Posted on 4/12/16 at 8:35 pm to
Haha. Definitely speculating.
Posted by LNCHBOX
70448
Member since Jun 2009
88576 posts
Posted on 4/12/16 at 8:36 pm to
They have said soecifically. However, the NOPD has said it wasn't visible. But you aren't going to accept that, because you're you.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
287936 posts
Posted on 4/12/16 at 8:37 pm to
quote:

But you aren't going to accept that, because you're you.


yet you are the one that started to argue with me when i said they havent said where the gun was. And then you just admit that they havent said where the gun was.

But yea, that is totally normal.
Posted by quail man
New York, NY
Member since May 2010
41218 posts
Posted on 4/12/16 at 8:38 pm to
quote:

TPOS Hayes will never see the light of day. He murdered a high profile celebrity by shooting him in the in the back. This ain't that complicated .



ever heard of voir dire?
Posted by BigBrod81
Houma
Member since Sep 2010
22484 posts
Posted on 4/12/16 at 8:39 pm to
quote:

Police announced the discovery of the additional two weapons three days after the shooting, as questions continued to mount about the circumstances surrounding the incident.

Police had previously said they were waiting for a search warrant in order to look inside Smith's SUV and Hayes' Hummer. That warrant was executed Tuesday morning, police said....

The vehicles were towed, Gamble said, to "preserve the evidence" while the warrants were obtained.

"It takes time to process evidence and these types of inventories are done in a very methodical way," Gamble said.


This is correct. Hayes' .45 was confiscated at the crime scene because it remained in plain view. Had Hayes placed it in a compartment, it wouldn't have been brought in as evidence until today once the warrants cleared.
Posted by Sprung
In between the cusions
Member since Apr 2008
1942 posts
Posted on 4/12/16 at 8:41 pm to
From the defense attorney in Lester's link

quote:

"If he's in a place a where he's lawfully allow to be, he's not the aggressor, and he's in situation facing serious bodily injury or death, he can use his weapon," LaBranche said.
Posted by gmrkr5
NC
Member since Jul 2009
15094 posts
Posted on 4/12/16 at 8:43 pm to
quote:

high profile celebrity


This is clealy the most important aspect of the case with alot of you
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