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Started By
Message
3
Posted on 12/8/16 at 2:15 pm to Fun Bunch
quote:
Ross: Smith posed no threat that evening.
Posted on 12/8/16 at 2:15 pm to Fun Bunch
quote:
Care to share
Ross says he heard KON tell Hernandez he had a gun
Posted on 12/8/16 at 2:16 pm to Fun Bunch
Ramon Antonio Vargas ? @RVargasAdvocate
Justin Ross: Kevin O'Neal is telling Richard Hernandez 'back off, I have a gun.'
Danny Monteverde ? @DCMonteverde
Ross: R. Smith was able to calm down W. Smith. He heard the word "gun." Says he heard O'Neal say he had a gun. "He's yelling."
Justin Ross: Kevin O'Neal is telling Richard Hernandez 'back off, I have a gun.'
Danny Monteverde ? @DCMonteverde
Ross: R. Smith was able to calm down W. Smith. He heard the word "gun." Says he heard O'Neal say he had a gun. "He's yelling."
Posted on 12/8/16 at 2:16 pm to LNCHBOX
quote:
would say it's much more important to overcome the fact that Hayes shot an unarmed man a bunch of times
No, what is most important to overcome for each side is putting Hayes away/keeping him out of a long sentence.
Jurors are human. Just about everyone in the city knows Brees, Gleason, Deuce. With all the gray area surrounding what happened, small things like brining those guys in for support will help the states case. When Will Smith'S own wife, who was obviously on the scene, can't even give testimony to make Hayes look guilty then it's sure going to be hard for anyone to prove otherwise.
Posted on 12/8/16 at 2:17 pm to Fun Bunch
Ramon Antonio Vargas ? @RVargasAdvocate
Justin Ross, on passenger side of vehicles, sees Richard Hernandez and Kevin O'Neal. Hernandez is allegedly being physical ...
Ramon Antonio Vargas ? @RVargasAdvocate
... with his wife. Described Hernandez was pushing his wife back.
Ramon Antonio Vargas ? @RVargasAdvocate
Justin Ross says he can see Will Smith and Cardell Hayes being arguing. 'They weren't being as aggressive' as argument on other side of cars
Ramon Antonio Vargas ? @RVargasAdvocate
But Justin Ross says he saw Racquel Smith trying to restrain Will Smith. Smith wasn't pushing his wife back, per Ross' testimony.
Justin Ross, on passenger side of vehicles, sees Richard Hernandez and Kevin O'Neal. Hernandez is allegedly being physical ...
Ramon Antonio Vargas ? @RVargasAdvocate
... with his wife. Described Hernandez was pushing his wife back.
Ramon Antonio Vargas ? @RVargasAdvocate
Justin Ross says he can see Will Smith and Cardell Hayes being arguing. 'They weren't being as aggressive' as argument on other side of cars
Ramon Antonio Vargas ? @RVargasAdvocate
But Justin Ross says he saw Racquel Smith trying to restrain Will Smith. Smith wasn't pushing his wife back, per Ross' testimony.
Posted on 12/8/16 at 2:17 pm to Lester Earl
So you think the jurors will care more about Saints players at the trial than the facts of the case? You're really going with that?
Posted on 12/8/16 at 2:17 pm to Fun Bunch
quote:
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?
I agree, that's a strong argument. But honestly, the number of shots isn't nearly as important to me personally. If you establish you feel in danger of life or great bodily harm, you are instructed to fire until the threat is neutralized. In theory, sounds easy, shoot once, determine, shoot again, determine, etc. In reality, adrenaline skyrockets, and you continue shooting as long as you see movement, or until your brain registers what you are actually doing.
The number of shots, only to my thinking, while can be argued, just doesn't really have that much value to me. Now, the jury, totally different. That's where Fuller has to earn his money.
Posted on 12/8/16 at 2:18 pm to Fun Bunch
quote:
Danny Monteverde ? @DCMonteverde
Ross: R. Smith was able to calm down W. Smith. He heard the word "gun." Says he heard O'Neal say he had a gun. "He's yelling."
Seems as though PT would have heard this too being that he was there trying to break up the fight between KO and Hernandez.
Posted on 12/8/16 at 2:18 pm to Fun Bunch
quote:
It would depend on if Hayes had his gun out and readily visible at this point, wouldn't it?
will you acknowledge that nobody in Smith's camp has seen the gun before shots rang out?
Posted on 12/8/16 at 2:18 pm to Lester Earl
quote:
can't even give testimony to make Hayes look guilty
He doesn't even need to be made to look guilty. He shot the guy. 7 times. In the back.
We can talk about the burden being on the State all we want, but as you said, Jurors are human.
They are going to start with that.
Posted on 12/8/16 at 2:19 pm to Fun Bunch
quote:
Ramon Antonio Vargas ? @RVargasAdvocate ... with his wife. Described Hernandez was pushing his wife back.
again, it seems as though PT would have recollection of this.
Posted on 12/8/16 at 2:19 pm to Nado Jenkins83
quote:
will you acknowledge that nobody in Smith's camp has seen the gun before shots rang out?
Yes. Will you admit that Hayes has on tape admitted he had it out?
Posted on 12/8/16 at 2:20 pm to Fun Bunch
quote:
Will you admit that Hayes has on tape admitted he had it out?
i haven't heard that tape.
so no I can't
Posted on 12/8/16 at 2:21 pm to Lester Earl
First two into RS, she falls. WS looks at her, realizes she has been shot. (2 sec delay)Spins to retrieve his weapon and is shot once while turning, collapses, and is shot 7 time whiles back is to shooter. Conjecture on my part, but feasible.
Posted on 12/8/16 at 2:21 pm to reddman
quote:Interesting. Fuller will point out that the other state witness said that Smith was the aggressor and Hayes the defender in the hand checking scene
Ross: Smith posed no threat that evening.
Posted on 12/8/16 at 2:22 pm to Nado Jenkins83
My belief is that Hayes had the gun in his waist when he exited his vehicle, and didn't pull it out until Smith went to go for his. I have no idea what that means in terms of self-defense laws though.
Posted on 12/8/16 at 2:22 pm to Fun Bunch
Ramon Antonio Vargas ? @RVargasAdvocate
Justin Ross did not believe Will Smith was going to do harm to Cardell Hayes.
Ramon Antonio Vargas ? @RVargasAdvocate
Justin Ross says he suddenly hears gunshots and drops to the ground for cover.
Ramon Antonio Vargas ? @RVargasAdvocate
Justin Ross says he took his cell phone out and aimed it at where the gunshots came from.
Danny Monteverde ? @DCMonteverde
Ross: didn't see shots fired. "I turned to my friend...and then I heard pop, pop, pop, pop and dropped down behind the car." Got cellphone
Danny Monteverde ? @DCMonteverde
Ross: was behind cars, saw another man with a phone start recording the scene. "I heard ... someone say 'I told him not to mess w/ me.'"
Ramon Antonio Vargas ? @RVargasAdvocate
Justin Ross describes Richard Hernandez leaving the scene and then seeing Will Smith lying dead in his Mercedes.
Danny Monteverde ? @DCMonteverde
Ross: Kevin O'Neal was the only person he heard mention a gun that evening.
Justin Ross did not believe Will Smith was going to do harm to Cardell Hayes.
Ramon Antonio Vargas ? @RVargasAdvocate
Justin Ross says he suddenly hears gunshots and drops to the ground for cover.
Ramon Antonio Vargas ? @RVargasAdvocate
Justin Ross says he took his cell phone out and aimed it at where the gunshots came from.
Danny Monteverde ? @DCMonteverde
Ross: didn't see shots fired. "I turned to my friend...and then I heard pop, pop, pop, pop and dropped down behind the car." Got cellphone
Danny Monteverde ? @DCMonteverde
Ross: was behind cars, saw another man with a phone start recording the scene. "I heard ... someone say 'I told him not to mess w/ me.'"
Ramon Antonio Vargas ? @RVargasAdvocate
Justin Ross describes Richard Hernandez leaving the scene and then seeing Will Smith lying dead in his Mercedes.
Danny Monteverde ? @DCMonteverde
Ross: Kevin O'Neal was the only person he heard mention a gun that evening.
Posted on 12/8/16 at 2:22 pm to LNCHBOX
quote:
So you think the jurors will care more about Saints players at the trial than the facts of the case? You're really going with that?
Why would the prosecution parade all those players around the courtroom if they weren't trying to influence the jury?
Posted on 12/8/16 at 2:23 pm to Nado Jenkins83
No, WS saw the gun and said "Oh u have a gun?"
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