re: NOPD logs show no record of 911 call to report hit and run

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Why are you trying to put so much emphasis on this hypothetical? Because it justifies what happens next?

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Nothing about the hit and run justifies he shooting.

I'm going to throw my theory out there from the best I can figure being a internet detective.

We know someone supposedly said "I have a gun to" then the shooting took place.

My theory is after Hayes rammed Smith he jumped out angry with a gun Smith then said "I have a gun to" turned to get his gun then Hayes shot.

My question is if this is the scenario can you claim self defense when you are the aggressor who pulled the gun first?

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Another thing this video shows is that there is about a 2 minute timeframe between the accident and the shooting.

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Time to argue about the accident. It's already been said that 2 people from each vehicle got out of the respective cars. Then apparently Racquel and the other female exited as well.

What has never been said is where did the 2 Smith passengers go? Did they return to sit in the Mercedes? Where were they when the Smiths got shot?

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Nothing about the hit and run justifies he shooting.

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Then why do you keep baiting other posters in to speculating that if Smith had stopped after the first accident, that he wouldn't have been shot? No one can even remotely know what would have happened.

It can also be speculated that Hayes doesn't seem like much of a reasonable man, probably would have shot Smith anyway, since he was so angry.

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It can also be speculated that Hayes doesn't seem like much of a reasonable man, probably would have shot Smith anyway, since he was so angry.

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what do you think made him angry? a common fender bender or someone leaving the scene of the accident?

if he was so angry, i doubt he would have slowly pulled his vehicle over.

based on your statement,

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probably would have shot Smith anyway

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, Hayse should have jumped out of the truck in the middle of magazine street. But that's not what happened is it.

you can have 3 guesses.


ETA: and how do you account for the fact that it was nearly 2 minutes from hayse running into smith till a shot was fired? If hayse was looking to kill as you suggest, he would have come out of the hummer shooting.

but that's not what happened. I don't know what happened in those 2 minutes and neither do you. but i am sick and tired of everyone pretending like Will Smith had NOTHING to do with causing this situation.

And a witness also said that Smith told Hayes that he had a gun waiting for him.

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My theory is after Hayes rammed Smith he jumped out angry with a gun Smith then said "I have a gun to" turned to get his gun then Hayes shot. My question is if this is the scenario can you claim self defense when you are the aggressor who pulled the gun first?

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this is the exact opposite of what was reported

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Well, I'm sick and tired of people on both side engaging in Hyperbole.

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ok guy.

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I don't think there's going to be any way the shooter gets off on this. No matter what Smith did, there is no justification for the resulting shooting.

If someone hit-and-runs you, you can not legally chase them down and beat their arse. You don't get to go cowboy on someone, it's just the way a civilized country works. So no matter what Smith may or may not have done, the shooter does not get a pass on approaching Smith's car with a gun, and shooting him in the back.
On the other hand, if the occupant of the car would have shot the guy who approached (the opposite of this case), and the victim had a gun, I'd say there's a very good chance of things being dropped. Regardless of name of either person involved.

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I am assuming this is your opinion?

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I am assuming this is your opinion?

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Parts of it obviously are just my opinion, yes.

But no, you don't get to go chase down and attack someone who's done property damage. The legal recourse is to press charges.

In much the same way, you don't get to shoot a thief who isn't threatening you. If you shoot someone who's breaking into your car in your carport, and he's unarmed and nowhere near you, you will face charges.

If it's an unarmed confrontation and the end result is an asswhipping of the criminal, most of the time it is viewed as "just deserts" and the police/DA etc decline to pursue anything. But if you shoot someone, you damn sure better have self-defense or you will face a ton of problems.

edit to add- if you are in the vehicle while someone is attempting to break into it, you are defending yourself. But if you are elsewhere and come upon it, I think you're on very thin ice.

here's a link to justifiable homicide in La, it might not be the most recent link. I can't see how you can fit what happened into one of these circumstances.
LINK

If the roles were reversed- the shooter was in his car, shooting a person who was approaching him, and the guy entirely out of the car had a gun on his person- then there'd be a good chance of self-defense playing out in court.
You could reasonably say you felt your life was in danger and HAD to use deadly force.

But that just isn't the case here. Guy pursued and confronted someone else, forced a motor vehicle accident, then left the safety of his own car- further provoking and escalating the situation. What followed from there was a direct result of his own actions, not of anyone else.
Fear that his life was in danger from Will Smith- then don't chase him down, ram him, and go over to confront him while carrying a gun. The fact that he did so is what brought this to this point. Smith didn't cut him off, get out, and come at him. If anything, he bumped into him and drove off.