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re: Will Smith Murder Trial-Guilty of manslaughter and attempted manslaughter

Posted on 12/8/16 at 1:59 pm to
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147710 posts
Posted on 12/8/16 at 1:59 pm to
I may be way off base... but in my completely uneducated opinion

I assume even a manslaughter conviction in this case will bring roughly 2 decades in prison for Hayes
Posted by lsupride87
Member since Dec 2007
111865 posts
Posted on 12/8/16 at 1:59 pm to
For example:

a. The state proved it was unreasonable

b. The defense proved it was reasonable

c. You are unsure


At this point I am still C
Posted by Rocky4LSU
Covington
Member since Dec 2007
537 posts
Posted on 12/8/16 at 1:59 pm to
Hernandez has already proven he can't hit a barn with a baseball bat cause he's already tried to hit Hayes once. Also WS's size is more of a threat.
Posted by Fun Bunch
New Orleans
Member since May 2008
131019 posts
Posted on 12/8/16 at 1:59 pm to
quote:

well that one witness said smith went put his hands on hayes aggressively.


Do you think that he should have a reasonable belief of losing his life because of this?

By the way, most case law suggests that physical contact is one of the largest factors in assuming reasonableness. The jury will be given a list of factors to consider in jury instructions.

quote:

f another says the same and adds that smith said he was going get his gun what would that mean?


It would depend on if Hayes had his gun out and readily visible at this point, wouldn't it?
Posted by Lester Earl
3rd Ward
Member since Nov 2003
291255 posts
Posted on 12/8/16 at 2:01 pm to
quote:

and 2) specific intent to kill.


That is my point. What do you think his intent was & why did he wait so long to blast someone?
Posted by lsupride87
Member since Dec 2007
111865 posts
Posted on 12/8/16 at 2:02 pm to
quote:

What do you think his intent was & why did he wait so long to blast someone?
That is my biggest hill for the prosecution to climb
Posted by Lester Earl
3rd Ward
Member since Nov 2003
291255 posts
Posted on 12/8/16 at 2:03 pm to
quote:

Also WS's size is more of a threat.


But Hayes wasn't fearful for his life until______?

They hand wrestled with each other and at no point did Hayes try and shoot Smith
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147710 posts
Posted on 12/8/16 at 2:05 pm to
quote:

Donald Chick Foret ?@chickforet
State calls Justin Ross.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
291255 posts
Posted on 12/8/16 at 2:06 pm to
The biggest thing the defense must over come is will smiths populatity. Bringing Brees, Gleason & Co in was genius. As smart as that was, It's sad that the decision of Hayes' life more then likely will come down to overcoming that.
Posted by Fun Bunch
New Orleans
Member since May 2008
131019 posts
Posted on 12/8/16 at 2:06 pm to
quote:

What do you think his intent was & why did he wait so long to blast someone?


By shooting twice, then taking a few steps and shooting a few more times, shooting him a total of 7 times at point blank range?

I would say he was trying to kill him.

What do you think he was trying to do? Open a dialogue?
Posted by LNCHBOX
70448
Member since Jun 2009
89250 posts
Posted on 12/8/16 at 2:08 pm to
quote:

The biggest thing the defense must over come is will smiths populatity. Bringing Brees, Gleason & Co in was genius. As smart as that was, It's sad that the decision of Hayes' life more then likely will come down to overcoming that.



I would say it's much more important to overcome the fact that Hayes shot an unarmed man a bunch of times.

The decision isn't coming down to Saints players.
This post was edited on 12/8/16 at 2:09 pm
Posted by Fun Bunch
New Orleans
Member since May 2008
131019 posts
Posted on 12/8/16 at 2:08 pm to
quote:

That is my biggest hill for the prosecution to climb


Nah. It is definitely the self-defense elements.
Posted by Festus
With Skillet
Member since Nov 2009
86132 posts
Posted on 12/8/16 at 2:09 pm to
quote:

That is my point. What do you think his intent was & why did he wait so long to blast someone?


I have no idea, but I'll throw out a possibility. It's possible at first he thought brandishing the gun would scare everyone involved into backing down. Possibly Smith didn't back down, and actually said something that made Hayes feel he was being disrespected. To save face, he blasted. Then possibly regretted after. He waited because it wasn't until he was disrespected that he fired.
Posted by TigahJay
New Orleans
Member since Sep 2015
11402 posts
Posted on 12/8/16 at 2:11 pm to
quote:

LNCHBOX

I'm still waiting on that link
Posted by Rocky4LSU
Covington
Member since Dec 2007
537 posts
Posted on 12/8/16 at 2:11 pm to
Hand wrestled? I think Smith was hand checking him with open hand he he would have an offensive lineman and Hayes was returning the favor with left hand while right held gun to his side. Smith eventually say the gun and said" Oh, U got a gun, I got one too." turned to return to the pen door of the MB. RS interviens and tries to stop him. Mr. s panics, and bad shite starts to commence.
I also think the height of the hummer's hood hid the view of Mr. Hayes holding the gun at his leg from the people on the passenger side that are in verbal conflict with Mr. O'Neal
This post was edited on 12/8/16 at 2:14 pm
Posted by Lester Earl
3rd Ward
Member since Nov 2003
291255 posts
Posted on 12/8/16 at 2:11 pm to
My best guess is that 2 shots didn't incapacitate Smith. Witness already said the second ring of shots were 2-4 seconds after the initial 2.

Based on what we've heard from witnesses thus far and how they described Hayes demeanor both during and after, it is more likely that my theory occurred then Hayes simply pumping Smith 7x with bullets. If he were so malicious, why'd he wait? Why didn't he shot at anyone else? Why'd he stick around and show remorse (unknowingly) to witnesses?

It just doesn't add up to me
Posted by GRIZZ
Morgan City
Member since Nov 2009
6305 posts
Posted on 12/8/16 at 2:11 pm to
This Justin Ross guy has some good info.
Posted by Fun Bunch
New Orleans
Member since May 2008
131019 posts
Posted on 12/8/16 at 2:11 pm to
Maybe Smith did say he had a gun too and approached his car.

The question would be, can Hayes blast Smith 7 times in the back at that point, without actual knowledge that Smith has a gun, without seeing a gun, without knowing that Smith has used a gun or killed someone in the past etc etc?

Most cases that have been decided would say HELL NO.

Maybe fuller will make some new law here.
This post was edited on 12/8/16 at 2:13 pm
Posted by LNCHBOX
70448
Member since Jun 2009
89250 posts
Posted on 12/8/16 at 2:12 pm to
quote:

I'm still waiting on that link



You're gonna be waiting a while.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147710 posts
Posted on 12/8/16 at 2:13 pm to
quote:

Ramon Antonio Vargas ?@RVargasAdvocate
Justin Ross: Kevin O'Neal is telling Richard Hernandez 'back off, I have a gun.'
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