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re: Gut feeling, I feel like Will might have had a gun

Posted on 4/12/16 at 2:37 pm to
Posted by goatmilker
Castle Anthrax
Member since Feb 2009
71048 posts
Posted on 4/12/16 at 2:37 pm to
Have we even heard what the wife has said yet...
Posted by The Pain Train
Member since Feb 2013
3819 posts
Posted on 4/12/16 at 2:40 pm to
quote:

What changes? It's his right to have a gun as well as to inform someone who he perceives to be threatening him of this. Until he pulls there is not reason for Hayes, the aggressor, to be shooting him. The right thing at that time would be for Hayes to walk away from the scene.


The threat doesn't have to be real in order to claim self defense. It only has to be reasonably perceived. Would it be reasonable to think that someone saying "I have a gun" followed by the act of going into his car for something would constitute a legitimately perceived threat?

Even if you label Hayes as the aggressor, he would still have the right to meet force with force. If Hayes said, "I have a gun, too,' then that would seemingly indicate that Smith mentioned having a gun first and thus escalated the situation into one that then involved deadly weapons.
Posted by Keeble9145
Member since Sep 2015
973 posts
Posted on 4/12/16 at 2:43 pm to
Direct quote from the witness was :

"'Get out of here or I have a gun,'" the witness says to the camera. "And he goes, 'F--- y'all, I've got one too."

That sounds like Will was trying to scare Hayes off with the threat of a gun and it backfired (no pun intended).
Posted by bayouman
Uptown NOLA
Member since Apr 2012
1561 posts
Posted on 4/12/16 at 2:44 pm to
quote:

That's an assumption. He may or may not have.


If the gun was in plan view to the shooter, Police would've said there was a 2nd gun, IMO.
Posted by AlabamasSalaryCap
New Orleans
Member since Nov 2012
2831 posts
Posted on 4/12/16 at 2:44 pm to
Guys. I get it. There's still no excuse for Will to have been murdered.

But to say the presence of a second gun doesn't complicate the situation. Get real.
Posted by The Pain Train
Member since Feb 2013
3819 posts
Posted on 4/12/16 at 2:48 pm to
quote:

Guys. I get it. There's still no excuse for Will to have been murdered.

But to say the presence of a second gun doesn't complicate the situation. Get real.



We don't know yet if there was a legitimate excuse or not. Do you honestly think that the Internet has solved this case and tied it up neatly with a bow?

How in the world did you get that the presence of a second gun doesn't complicate things from my post?
Posted by BigDawg0420
Hamsterdam
Member since Apr 2010
7486 posts
Posted on 4/12/16 at 2:52 pm to
quote:


Even if you label Hayes as the aggressor, he would still have the right to meet force with force


Hayes loses his right to claim self-defense if he was the aggressor
Posted by Geauxld Finger
Baton Rouge
Member since Jan 2005
32319 posts
Posted on 4/12/16 at 2:59 pm to
Will smith simply saying "I have a gun" means noting. Nor does him actually returning to his vehicle. A veiled threat means nothing. The other guy shoots him in the back as smith is walking away. Super he gets into that car and his wife says will just leave it be. So many actions up to interpretations. The fact is one guy had a gun and shot a man in his back as he was walking away from him. Possible that he gets manslaughter instead of murder, but the arrested is clearly guilty.
Posted by The Pain Train
Member since Feb 2013
3819 posts
Posted on 4/12/16 at 3:01 pm to
quote:

Hayes loses his right to claim self-defense if he was the aggressor


There are stipulations in which he could but your post did make me research and see that there is a difference there between the self defense law of Florida (the Zimmerman case) and that of Louisiana.
Posted by gmrkr5
NC
Member since Jul 2009
15002 posts
Posted on 4/12/16 at 3:04 pm to
quote:

I'm just trying to understand what possibly could have been going through his mind when he pulled the trigger


maybe "oh shite dude that just hit and run me about to shoot me too"
Posted by airfernando
Member since Oct 2015
15248 posts
Posted on 4/12/16 at 3:09 pm to
quote:

there is a difference there between the self defense law of Florida (the Zimmerman case) and that of Louisiana.


There's a difference between every single state. we're actually talking about stand your ground laws and for some states when there is a vehicle, we're also talking about castle laws. Smith had a right to retreat within his vehicle for safety. Hayes has no legal right to pursue or fire into the vehicle. Hayes has no chance except for a plea deal or hope blacks on a jury sympathize. The law is not on his side at all.
Posted by The Pain Train
Member since Feb 2013
3819 posts
Posted on 4/12/16 at 3:19 pm to
quote:

Smith had a right to retreat within his vehicle for safety. Hayes has no legal right to pursue or fire into the vehicle. Hayes has no chance except for a plea deal or hope blacks on a jury sympathize. The law is not on his side at all.


How was Hayes supposed to know that Smith was retreating into his vehicle for safety (Is there any proof that's what Smith was doing?) and not just to retrieve his gun that he had just mentioned having? It wouldn't have been unreasonable for Hayes to think he was in danger of gun violence at that point.

Smith's body was found partially inside his vehicle. How do the castle laws work if one is not completely inside?
Posted by Fun Bunch
New Orleans
Member since May 2008
124293 posts
Posted on 4/12/16 at 3:19 pm to
quote:

That sounds like Will was trying to scare Hayes off with the threat of a gun and it backfired (no pun intended).




Well, then Hayes murdered him and a self-defense gambit won't work.
Posted by ItTakesAThief
Scottsdale, Arizona
Member since Dec 2009
9897 posts
Posted on 4/12/16 at 3:32 pm to
Same thing going through his mind when he intentionally rear ended smith.

Hayes is clearly the aggressor at that point. Everything flowed from there.
Posted by Snipe
Member since Nov 2015
14162 posts
Posted on 4/12/16 at 3:39 pm to
quote:

Gut feeling, I feel like Will might have had a gun


SO, No way I go to NOLA with out mine. Or much of anywhere else for that matter.

Doesn't matter if will pulled out a gun, if he's shot in the back Dude is fricked.

No way no how you claim self defense if you shoot a guy in the back. period.

Guy breaks into your house, fricks your wife and you shoot him in the back as he's running out the door. You're guilty.

Posted by Sparkplug#1
Member since May 2013
7352 posts
Posted on 4/12/16 at 4:10 pm to
Let's hope the judge's name isn't goodell.
Posted by UncleTed
Member since Jan 2016
202 posts
Posted on 4/12/16 at 4:57 pm to
Loaded gun found in Will's car.
Posted by tzimme4
Metairie
Member since Jan 2008
30509 posts
Posted on 4/12/16 at 4:58 pm to
Smith did have a fully loaded gun in his vehicle
Posted by LSU Rules07
Member since Oct 2007
1253 posts
Posted on 4/15/16 at 7:16 am to
Doesn't matter he was shot in the back 7 times. Even if it was self defense that's overkill. No excuse for that
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