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

Posted on 4/13/16 at 7:20 pm to
Posted by reddman
Member since Jul 2005
78195 posts
Posted on 4/13/16 at 7:20 pm to
quote:

Haven't read thought the whole thing, but how can anyone defend Hayes?

Tons of facts havent been released, for starters. I'm not sure people are defending Hayes as much as they are simply waiting for more information to be made available before rushing to judgement.


quote:

He obviously smashed the Mercedes intentionally

That is being disputed.


quote:

then Will, who was shot in the back.

7 times, and in the side once.


quote:

From the info out there it sounds like Hayes is 100% the aggressor, just do not get why he stayed at the scene.

His lawyer and other witnesses have said that Smith was the aggressor.


Again, still not near enough information has been made available to the public.

Posted by Napoleon
Kenna
Member since Dec 2007
74242 posts
Posted on 4/13/16 at 7:21 pm to
quote:

The defense attorney was acting like he is going to prove a lot of what u said is false.



Maybe, but if it was a good shoot and Smith DID have a gun, why does Hayes have a Million dollar bond?

Posted by tigerskin
Member since Nov 2004
46720 posts
Posted on 4/13/16 at 7:21 pm to
They were moving pretty good in the video after the hit and run
Posted by Rebel
Graceland
Member since Jan 2005
143793 posts
Posted on 4/13/16 at 7:22 pm to
quote:

If a guy puts a gun in your face and robs you you cannot shoot him as he flees. You can never justify shooting someone in the back, even if a gun were present.


Is that law in LA?

I'm asking because I don't know. Not trying to pull any "gotcha" crap.
Posted by reddman
Member since Jul 2005
78195 posts
Posted on 4/13/16 at 7:23 pm to
quote:

The wreck happened right by the high-volt coffee, he accelerated quickly and intentionally hit the Mercedes.


Unless Smith was hauling arse and stopped abruptly, and Hayes didnt react in time.
Posted by Napoleon
Kenna
Member since Dec 2007
74242 posts
Posted on 4/13/16 at 7:23 pm to
quote:

Crazy how the whole "ramming" thing has just been picked up as 100 percent a fact. Pretty conceivable to me there was some fast reckless driving going on that ended up in a pileup.



again it was less than a full city block from the video of the hit and run to the final wreck. I know that area super well my cousin lives right by the coffee shop right there. There is not much room to get up to speed on Sophie right, once Magazine goes one way.
Posted by tigerskin
Member since Nov 2004
46720 posts
Posted on 4/13/16 at 7:23 pm to
U must be just tuning in. Hayes' attorney is claiming the gun was moved. But he did kill somebody. That isn't in doubt. He wouldn't just be let go.
Posted by lsupride87
Member since Dec 2007
111389 posts
Posted on 4/13/16 at 7:24 pm to
Tweet by local attorney CJ Murdock

quote:

I have an idea of what is on this video and it will exonerate Cardell Hayes He's walking out of jail within the next year
Posted by Rebel
Graceland
Member since Jan 2005
143793 posts
Posted on 4/13/16 at 7:24 pm to
quote:

Maybe, but if it was a good shoot and Smith DID have a gun, why does Hayes have a Million dollar bond?


I'd think that is a standard bond amount for the charge.
Posted by reddman
Member since Jul 2005
78195 posts
Posted on 4/13/16 at 7:24 pm to
quote:

again it was less than a full city block from the video of the hit and run to the final wreck. I know that area super well my cousin lives right by the coffee shop right there. There is not much room to get up to speed on Sophie right, once Magazine goes one way.



Then you havent seen video footage that was made available a block from the scene. They were haul assing.

Posted by oleyeller
Vols, Bitch
Member since Oct 2012
32604 posts
Posted on 4/13/16 at 7:25 pm to
quote:

If a guy puts a gun in your face and robs you you cannot shoot him as he flees. You can never justify shooting someone in the back, even if a gun were present.


wrong
Posted by Napoleon
Kenna
Member since Dec 2007
74242 posts
Posted on 4/13/16 at 7:25 pm to
quote:

Is that law in LA?

I'm asking because I don't know. Not trying to pull any "gotcha" crap.


It was the exact question I asked in CCL class and was told, "No" you cannot shoot someone if they are fleeing or are no longer a threat. Because honestly, I had intended to coward fire, if I was ever robbed, not knowing it was illegal. In other words "here take my stuff, don't shoot" and then unload on them as they move away from me, rather than have to draw on someone already drawn on me.
Posted by diat150
Louisiana
Member since Jun 2005
47789 posts
Posted on 4/13/16 at 7:26 pm to
quote:

Is that law in LA?

I'm asking because I don't know. Not trying to pull any "gotcha" crap.




no it isnt.

You can read justifiable homicide here
LINK

obviously it will be up to the jury to decide if hayes life was in imminent danger... and of course that will be decided by the evidence and the witness testimony.

quote:

1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.



Posted by Napoleon
Kenna
Member since Dec 2007
74242 posts
Posted on 4/13/16 at 7:28 pm to
quote:

They were haul assing.


On a video 20mph can look fast. No way they were doing more than 40 between that point and the next light, I know it's a supercharged SUV, but still just not enough track.
Posted by oleyeller
Vols, Bitch
Member since Oct 2012
32604 posts
Posted on 4/13/16 at 7:28 pm to
if someone is commiting a felony and your are a licensed cc holder. you can walk right up behind them and unload in their back. If you were in a store and someone was robbing it at gunpoint, you can pop them in the back of the head and walk. 100%
Posted by Napoleon
Kenna
Member since Dec 2007
74242 posts
Posted on 4/13/16 at 7:29 pm to
quote:

1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.


and shooting someone who is fleeing or moving away from you is no longer "imminent danger" Again rather judged by twelve than carried by six.
Posted by diat150
Louisiana
Member since Jun 2005
47789 posts
Posted on 4/13/16 at 7:29 pm to
quote:

It was the exact question I asked in CCL class and was told, "No" you cannot shoot someone if they are fleeing or are no longer a threat. Because honestly, I had intended to coward fire, if I was ever robbed, not knowing it was illegal. In other words "here take my stuff, don't shoot" and then unload on them as they move away from me, rather than have to draw on someone already drawn on me.


that is a very different situation and would not be justified. at question here is if smith brandished the weapon and or made a threat to retrieve the weapon from his vehicle while in a heated argument 5-10 feet away from hayes.
Posted by reddman
Member since Jul 2005
78195 posts
Posted on 4/13/16 at 7:29 pm to
quote:

On a video 20mph can look fast. No way they were doing more than 40 between that point and the next light, I know it's a supercharged SUV, but still just not enough track.




Well Hayes was also RIGHT behind him in chase. Again, if Smith had to stop abruptly, its possible that Hayes didnt react in time.
Posted by Nawlens Gator
louisiana
Member since Sep 2005
5960 posts
Posted on 4/13/16 at 7:30 pm to

Seven shots in the back? Shooter is going down, no doubt.

Posted by reddman
Member since Jul 2005
78195 posts
Posted on 4/13/16 at 7:30 pm to
NOPD log says that there is no record of Hayes calling 911 after hit and run.
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