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

Posted on 4/12/16 at 4:45 pm to
Posted by lsupride87
Member since Dec 2007
108566 posts
Posted on 4/12/16 at 4:45 pm to
quote:

Are you treating this like Hayes peeled off with the intent to ram Smith's car and then murder the people in the car?
Anyone who believes this scenario is an idiot. If Hayes knew he was going to murder Smith after the hit and run, why the hell did he call the cops before doing so?
Posted by NoSaint
Member since Jun 2011
12469 posts
Posted on 4/12/16 at 4:45 pm to
quote:



What matters is if hayes had a reasonable belief that he was in imminent danger of severe bodily harm or death, AND that he was not the aggressor.

That question is unanswerable based on the limited information we have right now.


Correct. And that answer might not be the same for every jury if it's a borderline situation.
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
40310 posts
Posted on 4/12/16 at 4:46 pm to
quote:

interesting choice of words used. and that they wont disclose what they find in the vehicles. would a gun in the console be considered "not a visible weapon". and if it was in there the public wouldnt know about it until after this initial rush of public scrutiny?


This coupled with the reports that NOPD asked (I'm assuming) Juan's to not release the video of Smith hitting and running gives me pause.

Posted by tigerskin
Member since Nov 2004
44882 posts
Posted on 4/12/16 at 4:48 pm to
Yeah that is pretty curious they are willing to release they didn't see a gun at the scene but don't want to say if they saw one after searching. Pretty selective of which side of evidence they are choosing to release.
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34894 posts
Posted on 4/12/16 at 4:51 pm to
EVERYBODY has an agenda





Including the 145 people here arguing about something they know nothing about
This post was edited on 4/12/16 at 4:52 pm
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
68806 posts
Posted on 4/12/16 at 4:52 pm to
quote:

Yeah that is pretty curious they are willing to release they didn't see a gun at the scene but don't want to say if they saw one after searching. Pretty selective of which side of evidence they are choosing to release.


That was specifically ordered by Detective-Chief Inspector Brees
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
65196 posts
Posted on 4/12/16 at 4:54 pm to
Posted by BRgetthenet
Member since Oct 2011
118233 posts
Posted on 4/12/16 at 4:55 pm to
Lotta "white" knights in here.

I wonder what they'd do in confronted by a 6'6" AA male after dark in New Orleans that just said he wanted to fight.
Posted by lsupride87
Member since Dec 2007
108566 posts
Posted on 4/12/16 at 4:55 pm to
A 9mm gun was found in Smiths vehicle-NOPD
Posted by ihometiger
Member since Dec 2013
12475 posts
Posted on 4/12/16 at 4:56 pm to
They found will smiths lodes handgun per wwl
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
40310 posts
Posted on 4/12/16 at 4:56 pm to
link?
Posted by lsupride87
Member since Dec 2007
108566 posts
Posted on 4/12/16 at 4:56 pm to
NOPD just released it
Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
73959 posts
Posted on 4/12/16 at 4:57 pm to
NOPD found 'fully-loaded 9 millimeter handgun inside (Will) Smith’s vehicle' More to come at @NOLAnews
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
40310 posts
Posted on 4/12/16 at 4:57 pm to
quote:

I wonder what they'd do in confronted by a 6'6" AA male after dark in New Orleans that just said he wanted to fight.



Certainly wouldn't tell him I have a gun.
Posted by Winkface
Member since Jul 2010
34377 posts
Posted on 4/12/16 at 4:57 pm to
Was not fired.
Posted by BRgetthenet
Member since Oct 2011
118233 posts
Posted on 4/12/16 at 4:57 pm to
That'd get ya killed. No doubt.
Posted by tigerskin
Member since Nov 2004
44882 posts
Posted on 4/12/16 at 4:58 pm to
Oh boy
Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
73959 posts
Posted on 4/12/16 at 4:58 pm to
quote:

Former Saint defensive end Will Smith had a fully loaded 9 mm handgun inside his Mercedes-Benz SUV when he was shot and killed Saturday night (April 9), New Orleans police said.

The weapon was not fired, police added, nor was a fully loaded revolver found inside the Hummer H2 driven by Cardell Hayes, the man arrested in connection with Smith's death. Hayes was also found in possession of a 45-caliber handgun, which police believe was used to kill Smith


Per NOLA.com
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
40310 posts
Posted on 4/12/16 at 4:59 pm to
quote:

NOPD just released it



So now it will all come down to whether or not Smith reached for it, and if him reaching for it made him the aggressor.

It appears that Hayes may have been the aggressor initially, but that status may have shifted to Smith if he said "I have a gun" and then reached for it.
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
40310 posts
Posted on 4/12/16 at 4:59 pm to
quote:

That'd get ya killed. No doubt.



Not saying "I have a gun" get's me killed?

Man I should have died a long time ago.
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