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Started By
Message
re: Fully loaded 9mm found in Smiths car
Posted on 4/12/16 at 8:25 pm to Lester Earl
Posted on 4/12/16 at 8:25 pm to Lester Earl

Posted on 4/12/16 at 8:26 pm to BigBrod81
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 on 4/12/16 at 8:28 pm to BigBrod81
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 on 4/12/16 at 8:31 pm to BigBrod81
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 on 4/12/16 at 8:32 pm to Lester Earl
article on NOLA.com just posted
LINK
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 on 4/12/16 at 8:32 pm to tigerbytail
quote:probably plea bargain down to 7-10 at most, maybe as few as 5.
Shooter will spends his days in Angola picking peas
Posted on 4/12/16 at 8:32 pm to Lester Earl
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 on 4/12/16 at 8:33 pm to Lester Earl
Somewhere where it wasn't visible and required a warrant to get.
Posted on 4/12/16 at 8:34 pm to LNCHBOX
so you are saying the news hasn't reported anything one way or another on where the gun was found
Posted on 4/12/16 at 8:35 pm to Sprung
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 on 4/12/16 at 8:35 pm to Fun Bunch
Haha. Definitely speculating.
Posted on 4/12/16 at 8:36 pm to Lester Earl
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 on 4/12/16 at 8:37 pm to LNCHBOX
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 on 4/12/16 at 8:38 pm to Crow Pie
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 on 4/12/16 at 8:39 pm to GynoSandberg
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 on 4/12/16 at 8:41 pm to BigBrod81
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 on 4/12/16 at 8:43 pm to Crow Pie
quote:
high profile celebrity
This is clealy the most important aspect of the case with alot of you
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