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re: Cardell Hayes attorney requests NOPD not handle investigation

Posted on 4/16/16 at 11:04 am to
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290874 posts
Posted on 4/16/16 at 11:04 am to
quote:

IMO opinion this is no different than shooting a burglar in the back after fleeing your property, which is not justifiable compared to shooting the burglar while he is in your home.




it is different, because they both had right to be there. If someone is in your home, they have no right to be in your house.


quote:

AS SOON AS Hayes chased after the car it no longer falls into the category of self-defense or stand your ground.



Its not this simple. The situation is filed into 3 different situations. Initial hit and run, 2nd car crash, and finally, homicide of Will Smith. You can't string them all together and pretend like his motive was to kill Will Smith because he hit his car and ran, because that isnt what happened.
Posted by tLSU
Member since Oct 2007
8684 posts
Posted on 4/16/16 at 11:08 am to
FYI, this is not how self defense works, and I am an attorney and a former ADA.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
20148 posts
Posted on 4/16/16 at 11:16 am to
quote:


quote:
Now is the time for the good open ended: "My client is 100% innocent and we will be providing information as to the true facts later. Right now, I am focused on representing his interests and overseeing his defense. Thank you."

Advice for a criminal defense attorney from a... what do you do?


I spent several years as the PIO for a large federal agency in the US DOJ and, yes because lawyers just can't stand to listen to anyone who hasn't, I too went to law school.
This post was edited on 4/16/16 at 11:19 am
Posted by lsu2006
BR
Member since Feb 2004
40140 posts
Posted on 4/16/16 at 11:18 am to
quote:

IF, Smith rear-ended Hayes in the video and Hayes then pulled over to exchange insurance info at which time Smith fled from the scene. AS SOON AS Hayes chased after the car it no longer falls into the category of self-defense or stand your ground.


Well this just isn't true.
Posted by lsupride87
Member since Dec 2007
111439 posts
Posted on 4/16/16 at 11:19 am to
IF

IIIIFFFF


It turns out an attempted cover up happened, but the NOPD is caught, Fuller will get elevated to Johnny Cochran status nationally and NOLA will be looked at as more of a crooked shithole than it already is
This post was edited on 4/16/16 at 11:23 am
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66097 posts
Posted on 4/16/16 at 11:24 am to
This would be sad. But somehow just accepted by all
Posted by Oddibe
Close to some, further from others
Member since Sep 2015
6749 posts
Posted on 4/16/16 at 11:24 am to
quote:

FYI, this is not how self defense works, and I am an attorney and a former ADA.
I stated several times that I am NOT an attorney. I'm just offering my opinion, which may or may not be correct.
Posted by diat150
Louisiana
Member since Jun 2005
47805 posts
Posted on 4/16/16 at 11:26 am to
quote:

I stated several times that I am NOT an attorney. I'm just offering my opinion, which may or may not be correct.




it would have been easier and shorter to simply say I am talking out of my arse.
Posted by EarthwormJim
Member since Dec 2005
10063 posts
Posted on 4/16/16 at 11:34 am to
quote:



his own lawyer said he was out of the car. His body was found slumped in the front seat, his legs were still on the ground, more than likely reaching for a gun


If Hayes shot Smith while reaching for a gun, wouldn't that mean Hayes already had his gun drawn?

And if Hayes shot Smith's wife first and then shot Smith in the back while reaching for a gun, self defense is out the door.

I just can't wrap my head around the self defense claim with how Smith and his wife were shot.
Posted by lsupride87
Member since Dec 2007
111439 posts
Posted on 4/16/16 at 11:49 am to
quote:


And if Hayes shot Smith's wife first and then shot Smith in the back while reaching for a gun, self defense is out the door.
Nope
Posted by EarthwormJim
Member since Dec 2005
10063 posts
Posted on 4/16/16 at 11:53 am to
quote:


Nope


Ok tell me how that is self defense.

Posted by lsupride87
Member since Dec 2007
111439 posts
Posted on 4/16/16 at 12:05 pm to
Because she could have been going for the gun/had the gun
Posted by EarthwormJim
Member since Dec 2005
10063 posts
Posted on 4/16/16 at 12:12 pm to
quote:

Because she could have been going for the gun/had the gun


If she's going for a gun and Hayes was able to shoot her, that means Hayes had a gun in hand while neither Smith not his wife did.

If she did have a gun, that would mean a massive coverup by everyone involved. As much as Hayes' lawyer has talked there's no way he glosses over the fact that Smith's wife had a gun.
Posted by lsupride87
Member since Dec 2007
111439 posts
Posted on 4/16/16 at 12:14 pm to
If Hayes was being held back/scuffled with by Smith and the shirtless shithead, like witnesses say, and at that time Smiths wife went for a gun, Hayes would likely fear for his life. Shooting her could be arguably justified at that point

I'm not saying that happened. But definitive statements of "that takes self defense off the table" are incorrect


We really don't have close to enough info to make definitive statements in either direction
Posted by rantfan
new iberia la
Member since Nov 2012
14110 posts
Posted on 4/16/16 at 12:15 pm to
I don't understand if Hayes has a right for self defense why not the Smith's? If one of the Smith's was going for the gun then Hayes starts shooting isn't reasonable that Hayes had his gun drawn on them already?
Posted by 4LSU2
Member since Dec 2009
38083 posts
Posted on 4/16/16 at 12:15 pm to
quote:

If she's going for a gun and Hayes was able to shoot her, that means Hayes had a gun in hand while neither Smith not his wife did.


B I N G O.

This also means that






Hayes was the agressor, causing the death of Will Smith.
Posted by lsupride87
Member since Dec 2007
111439 posts
Posted on 4/16/16 at 12:16 pm to
quote:

I don't understand if Hayes has a right for self defense why not the Smith's? If one of the Smith's was going for the gun then Hayes starts shooting isn't reasonable that Hayes had his gun drawn on them already?

They do have a right

The point is none of know exactly what happened so making definitive statements at this point is biased and wrong
Posted by lsupride87
Member since Dec 2007
111439 posts
Posted on 4/16/16 at 12:17 pm to
quote:

4LSU2

You are wrong again. Not shocking
Posted by LNCHBOX
70448
Member since Jun 2009
89129 posts
Posted on 4/16/16 at 12:17 pm to
Unless NOPD straight up covered up everything for the Smiths, there is no way she had a gun. Only one gun was recovered from the scene. So unless we are to believe nothing about what has been reported, it's is basically a certainty she didn't have a weapon.

Posted by lsupride87
Member since Dec 2007
111439 posts
Posted on 4/16/16 at 12:17 pm to
Why do some people in here on a certain side have to continue to make definitive statements?
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