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

Posted on 4/11/16 at 11:21 pm to
Posted by Chad504boy
4 posts
Member since Feb 2005
176133 posts
Posted on 4/11/16 at 11:21 pm to
Ah, you're out to defend his 99% guilty
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
40297 posts
Posted on 4/11/16 at 11:21 pm to
quote:

Cars in front like 100 ft up


Link to that angle?
Posted by Chad504boy
4 posts
Member since Feb 2005
176133 posts
Posted on 4/11/16 at 11:22 pm to
I see video w no visible cars in front and will is easily able to immediately go around and drive off
Posted by Lester Earl
3rd Ward
Member since Nov 2003
288475 posts
Posted on 4/11/16 at 11:22 pm to
quote:

People will laugh at this but it's plausible.

All I know is there was some shady driving and reactions going on the entire way down magazine st.


Seriously, think about that for a second. He tried to get him to run in the back of him, and his attempt was unsuccessful, so he chased him down and argued with him because he didnt come in contact with his car.
Posted by Chad504boy
4 posts
Member since Feb 2005
176133 posts
Posted on 4/11/16 at 11:23 pm to
He was successful, I'm not denying contact. Dude was super quick to pull over and get that cop in speed dial there
Posted by LSU fan 246
Member since Oct 2005
90567 posts
Posted on 4/11/16 at 11:25 pm to
quote:

see video w no visible cars in front


Cause the video is not available. He gets rear ended, sits there for a few seconds, attempts to pull over, and Smith ran. In the meantime, the cars in front of the hummer could have pulled off
Posted by 13SaintTiger
Isle of Capri
Member since Sep 2011
18371 posts
Posted on 4/11/16 at 11:26 pm to
quote:

I was merely pointing out that Smith has had run in before. That's it.



So you wouldn't do that if the roles were reversed? Why would you do it now that he was killed?


quote:

but the facts that keep coming out are dispelling all of the original theories that Hayes was 100% guilty.


No facts that have come out point to him being not guilty. The video doesn't say much, the eye witness right now is hit and miss. The only fact right now that everyone can agree on (in regards to the shooting scenario) is that Hayes shot Smith and his wife while in their vehicle, stayed at the crime scene and got arrested. Once we know what happened after Hayes rammed into Smith and before getting arrested then we can see if any facts dispel his guilt. But right now it's very reasonable to have a overwhelmingly opinion that he's guilty.
Posted by Mouth
Member since Jan 2008
22961 posts
Posted on 4/11/16 at 11:26 pm to
quote:

Seriously, think about that for a second. He tried to get him to run in the back of him, and his attempt was unsuccessful, so he chased him down and argued with him because he didnt come in contact with his car.



I Only said it was plausible bc I didn't know cars were stopped in front of him. I know that now.

But you must of missed my post earlier where I said Hayes is trying to chase him down to get info on an accident, but instead Rams his car?
Posted by Lester Earl
3rd Ward
Member since Nov 2003
288475 posts
Posted on 4/11/16 at 11:31 pm to
quote:

Why would you do it now that he was killed?


because people were acting as if he was not capable of being involved and/or fueling an altercation, when he has clearly shown in the past that he is. Its not that hard to grasp.


quote:

The video doesn't say much, the eye witness right now is hit and miss.



so you think the guy that said he heard Will Smith say that he had a gun was lying? Or that his testimony was invalid?
Posted by Lester Earl
3rd Ward
Member since Nov 2003
288475 posts
Posted on 4/11/16 at 11:35 pm to
quote:

Don't know details yet. What if will smith reached for a gun? Could be justified. Smith is by all accounts a nice guy, but has had a run in with the law in the past for beating his wife.



this is my original post. It is very fair imo.
Posted by williejameshuft
New Orleans
Member since Jul 2012
167 posts
Posted on 4/11/16 at 11:39 pm to
I think Hayes faces an uphill battle due to Smith's stature in the community, but Lester is right in that this case is not as cut and dry as this board thinks.

If an eyewitness testifies that Smith said he was getting a gun, and Hayes can convince the jury that he thought he saw a gun (whether or not he actually did), there's your justification for use of deadly force. Wont be an easy defense by any measure but there's something there for the attorney to work with.
Posted by 13SaintTiger
Isle of Capri
Member since Sep 2011
18371 posts
Posted on 4/11/16 at 11:43 pm to
quote:

this is my original post. It is very fair imo.


It isn't fair at all because 1) you didn't say why it wouldn't be justified and 2) he didn't "beat" his wife.

It's a very one sided statement and you emphasized it with your last sentence as if people didn't know about that run in with the law.
Posted by diat150
Louisiana
Member since Jun 2005
47238 posts
Posted on 4/11/16 at 11:45 pm to
Do you typically carry your wife around by her hair?
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
40297 posts
Posted on 4/11/16 at 11:45 pm to
quote:

he didn't "beat" his wife.


I want there so take that fwiw, but I'm friends with a guy who watched the whole thing go down in laffy and he said he gave it to her pretty good.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
146394 posts
Posted on 4/11/16 at 11:46 pm to
quote:

I think Hayes faces an uphill battle due to Smith's stature in the community, but Lester is right in that this case is not as cut and dry as this board thinks.

If an eyewitness testifies that Smith said he was getting a gun, and Hayes can convince the jury that he thought he saw a gun (whether or not he actually did), there's your justification for use of deadly force. Wont be an easy defense by any measure but there's something there for the attorney to work with.

just trying to take a step back and think of this from a juror hearing the facts in trial...

the suspect has admitted to the shooting and is trying to go with self-defense...

without another gun present... it would be so hard for me to believe the self defense story
Posted by Lester Earl
3rd Ward
Member since Nov 2003
288475 posts
Posted on 4/11/16 at 11:49 pm to
quote:

1) you didn't say why it wouldn't be justified


do i really have to spell it out?

quote:

2) he didn't "beat" his wife.


ok, he drug her by her hair.


quote:

It's a very one sided statement and you emphasized it with your last sentence as if people didn't know about that run in with the law.



it simply had not been mentioned in any of the threads i saw, nor by the media.
Posted by williejameshuft
New Orleans
Member since Jul 2012
167 posts
Posted on 4/11/16 at 11:51 pm to
Possibly ... But you may feel differently after hearing all the evidence. I see cops get off all the time in high profile cases on the "I thought I saw a gun" defense. Good criminal defense attorneys are exceedingly skilled at getting a jury to put itself into in the defendant's shoes in the heat of the moment.

What I'm trying to say is just that its far too early to call one way or another.
This post was edited on 4/11/16 at 11:54 pm
Posted by 13SaintTiger
Isle of Capri
Member since Sep 2011
18371 posts
Posted on 4/11/16 at 11:55 pm to
quote:

do i really have to spell it out?



It wasn't a fair assessment LE. Yes, you do have to spell it out if you are going to say your opinion was fair when the content was clearly biased. Perception is reality.

quote:

it simply had not been mentioned in any of the threads i saw, nor by the media.


Why does it need to be? Why should a domestic related incident have any influence on this case? I knew guys and females who had domestic issues but wouldn't dare step out of line with friends and other civilians.
Posted by lsu480
Downtown Scottsdale
Member since Oct 2007
92902 posts
Posted on 4/11/16 at 11:59 pm to
quote:

That's not at all what you said. Go back and read your post.



It should be obvious that when people talk about the applicable laws in this thread they are talking about how they would apply in a situation like the one we are currently discussing.
Posted by MightyYat
StB Garden District
Member since Jan 2009
25029 posts
Posted on 4/11/16 at 11:59 pm to
There has to be more videos that will eventually surface. The business owners over there usually take a spare no expense approach to security. My guess is we'll get even more info in the next few days.
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