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re: Smith Shooter's Lawyer "My Client Was Not The Aggressor"

Posted on 4/14/16 at 1:34 pm to
Posted by Happygilmore
Happy Place
Member since Mar 2009
1835 posts
Posted on 4/14/16 at 1:34 pm to
look at the next video, he would have run over a trashcan that the guy at the burrito place had just put out.
Posted by Red Stick Tigress
Tiger Stadium
Member since Nov 2005
20826 posts
Posted on 4/14/16 at 1:35 pm to
quote:

Have they looked to see if there were any surveillance cameras near there or are they just not releasing those videos?


I am familiar with that area.

It is mostly residential on Sophie Wright with the exception of the Half Moon Bar and a small Baptist church. There is a video from the Half Moon.

The only other possible videos are from residences or from people recording from their cell phones and I doubt whether there were any people other than the parties involved close enough to the accident.

I know I wouldn't be standing around with bullets flying around.
Posted by Happygilmore
Happy Place
Member since Mar 2009
1835 posts
Posted on 4/14/16 at 1:37 pm to
quote:

search warrant to be signed to go into those areas to look for more weapons


was there not enough probable cause to look? im asking, i dont know the law on that. i thought if you open your door and the cops smell pot or see something on the coffee table they can then go in without a search warrant. any lawyers here want to help me out, and i completely wrong (its happened once)
Posted by Rebel
Graceland
Member since Jan 2005
143793 posts
Posted on 4/14/16 at 1:38 pm to
quote:

investigators had to wait for a search warrant to be signed to go into those areas to look for more weapon


The cops should not have needed a search warrant to investigated car as part of an active crime scene.
Posted by TitleistProV1X
Member since Nov 2015
3649 posts
Posted on 4/14/16 at 1:38 pm to
Anyone know the answer to this?

Didn't Hayes force Smith into hitting the car in front of him? Was there not a person in this car? If there was this would obviously be the best witness.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147075 posts
Posted on 4/14/16 at 1:39 pm to
quote:

was there not enough probable cause to look? im asking, i dont know the law on that. i thought if you open your door and the cops smell pot or see something on the coffee table they can then go in without a search warrant. any lawyers here want to help me out, and i completely wrong (its happened once)

considering the magnitude of the case... perhaps the NOPD wants to make sure the Ts are crossed and Is dotted
Posted by Red Stick Tigress
Tiger Stadium
Member since Nov 2005
20826 posts
Posted on 4/14/16 at 1:39 pm to
quote:

why did Hayes try to pull over


What's this "try to pull over?"

Why didn't he pull to the curb?

Maybe if he had, Will would have done the same.

Aren't the rules of the road to move accidents out of travel lanes? The Hummer barely left the road. When he left the scene, Smith backed up and drove around the Hummer in the opposing lane of traffic.

Maybe the Shooter caused confusion by not really pulling over.

If it were me, I'd be saying WTF is this guy doing? Are you gonna pull over and get out or what?
Posted by Happygilmore
Happy Place
Member since Mar 2009
1835 posts
Posted on 4/14/16 at 1:41 pm to
quote:

What's this "try to pull over?"

Why didn't he pull to the curb?

Maybe if he had, Will would have done the same.

Aren't the rules of the road to move accidents out of travel lanes? The Hummer barely left the road. When he left the scene, Smith backed up and drove around the Hummer in the opposing lane of traffic.

Maybe the Shooter caused confusion by not really pulling over.

If it were me, I'd be saying WTF is this guy doing? Are you gonna pull over and get out or what?


again look above, i answered your question
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147075 posts
Posted on 4/14/16 at 1:43 pm to
quote:

The cops should not have needed a search warrant to investigated car as part of an active crime scene.

don't think they can go into sealed compartments without a search warrant... they can look for anything out in plain view
Posted by diat150
Louisiana
Member since Jun 2005
47789 posts
Posted on 4/14/16 at 1:45 pm to
quote:


I am familiar with that area.

It is mostly residential on Sophie Wright with the exception of the Half Moon Bar and a small Baptist church. There is a video from the Half Moon.

The only other possible videos are from residences or from people recording from their cell phones and I doubt whether there were any people other than the parties involved close enough to the accident.

I know I wouldn't be standing around with bullets flying around.


I used google earth and mpas to look around and I did see a camera pointing in the direction of the accident on a coffee shop across from half moon, but Im not sure if that is still open and it was likely too far at night to even catch anything. I didnt see any obvious cameras on any of the houses or the church, so likely only shot is someone walking around.
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
41073 posts
Posted on 4/14/16 at 2:02 pm to
quote:

Why didn't he pull to the curb?


Well there was a car directly in front of him at the curb for starters. Secondly just because someone did not pull over immediately, doesnt mean you can just leave.

It's unreasonable in my mind to watch the video and think Hayes didn't pull over our attempt to pull over.
Posted by crimsonsaint
Member since Nov 2009
37834 posts
Posted on 4/14/16 at 2:44 pm to
You have got to be related Smith. Or dated him? Your whole point of view is arse backwards. Smith rear ended Hayes and some how everything is Hayes' fault. Is that right?
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
41073 posts
Posted on 4/14/16 at 2:58 pm to
[/img]

So we can see a garbage can and a car directly in front of the hummer in the parking lane. We can also see the hummer clearly pulling to the side. I don't see what argument Tigress is trying to make.
Posted by Rebel
Graceland
Member since Jan 2005
143793 posts
Posted on 4/14/16 at 3:05 pm to
quote:

It's unreasonable in my mind to watch the video and think Hayes didn't pull over our attempt to pull over.


It was clear to Stevie Wonder that Haynes pulled over.
This post was edited on 4/14/16 at 3:11 pm
Posted by Gris Gris
OTIS!NO RULES FOR SAUCES ON STEAK!!
Member since Feb 2008
49636 posts
Posted on 4/14/16 at 3:08 pm to
Whatever is on the video in possession of the NOPD sure has Craig Mordock convinced that Hayes will walk. I'd sure like to know what it's about and what's on it that has him convinced.

He also believes Fuller turned down the judgeship because he knows he can win this case.

There's something on his twitter which indicates he believes the Hayes car hitting the Smith car was an accident and not intentional. He doesn't say it exactly directly, but it's there. That's also very interesting because if he intentionally rammed Smith's car, it would seem that this could be considered an act of aggression in retaliation.
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
41073 posts
Posted on 4/14/16 at 3:11 pm to
Well the skid marks at the scene are from the hummer, not the mercedes.

Perhaps we haven't seen the mercedes skid marks, but the pictures of skid marks posted on Twitter that night as evidence of the accident belong to the hummer.

Not conclusory as to whether or not Hayes hit him on purpose or if it was just an instance in which Hayes was tailing him to close and smith braked hard to avoid crashing into the Impala on Sophie Wright.
Posted by Gris Gris
OTIS!NO RULES FOR SAUCES ON STEAK!!
Member since Feb 2008
49636 posts
Posted on 4/14/16 at 3:31 pm to
quote:

Well the skid marks at the scene are from the hummer, not the mercedes.



I forgot about that. That would certainly be in Haye's favor as far as aggression is concerned at that point only, but what went on thereafter is unknown for certain. I don't know if just following Smith too closely and/or chasing after him would amount to aggression for purposes of his defense or the charge.
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
41073 posts
Posted on 4/14/16 at 3:40 pm to
quote:

I forgot about that. That would certainly be in Haye's favor as far as aggression is concerned at that point only, but what went on thereafter is unknown for certain. I don't know if just following Smith too closely and/or chasing after him would amount to aggression for purposes of his defense or the charge.



I think it could. It depends on what a jury believes his intent to be when giving chase. Was he following too close in an attempt to intimidate Smith? To crash into Smith as retaliation? Or was he chasing just to get a license plate number? Or to make an attempt at some point to flag him down?
Posted by Scooba
Member since Jun 2013
20014 posts
Posted on 4/14/16 at 3:41 pm to
quote:

Hayes was tailing him to close and smith braked hard to avoid crashing into the Impala on Sophie Wright.


Wouldn't this be a great plot twist.
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
41073 posts
Posted on 4/14/16 at 3:46 pm to
quote:

Wouldn't this be a great plot twist.



Based on the limited info we have, this seems to be the most likely scenario.

Smith peeled off. Hayes peeled off after him. Both traveling at speed close together. Impala ahead is either stopped (waiting for Smith) or has slowed down considerably (again, waiting for Smith to catch up). Smith comes upon the Impala and a brakes in order to avoid crashing into him. Hayes is following way too closely to brake in time to avoid slamming into the back of Smith.

ETA: Obviously the "most likely scenario" is subject to change as details emerge. Not saying at all that this is definitely what happened.
This post was edited on 4/14/16 at 3:48 pm
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