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re: Will Smith Murder Trial-Guilty of manslaughter and attempted manslaughter
Posted on 12/8/16 at 2:33 pm to learnthehardway
Posted on 12/8/16 at 2:33 pm to learnthehardway
quote:
Seems like a lot of conflicting information with each new witness. Stories don't seem to line up at least.
Given the alleged events of the day leading up to the shooting, I imagine that everyone will have some details mixed up. The forensics will be much more concrete hopefully.
Posted on 12/8/16 at 2:33 pm to Lester Earl
quote:
specific intent to cold bloodily murder someone
I don't understand how to explain this another way. Cold blooded murder isn't the standard in Louisiana.
All it requires is SPECIFIC INTENT TO KILL and a killing.
There's nothing in louisiana that requires it to be mitigated to manslaughter because it was heated.
In fact, there has been testimony that Hayes was calm as can be.
Posted on 12/8/16 at 2:34 pm to lsupride87
Maybe.
Can a guy be reasonably in fear of death or great bodily injury int hat situation?
Can a guy be reasonably in fear of death or great bodily injury int hat situation?
Posted on 12/8/16 at 2:34 pm to lsupride87
quote:
I think Hayes will walk now
Overreact much?
Posted on 12/8/16 at 2:34 pm to lsupride87
quote:
I think Hayes will walk now
You've said that like 50 times now.
Why not do like tLSU says and wait and see the whole case, from both sides, and closing arguments?
Posted on 12/8/16 at 2:35 pm to LNCHBOX
quote:
And I was responding to LE's opinion that it's the biggest hurdle the defense needs to climb.
Fair enough. It is a hurdle.
Posted on 12/8/16 at 2:35 pm to BrotherEsau
quote:In my opinion, yes
Can a guy be reasonably in fear of death or great bodily injury int hat situation?
Posted on 12/8/16 at 2:35 pm to Chad504boy
quote:
So we just skip the whole why Will SMith was "going to get a gun" part
Hernandez & Co's actions are almost making Hayes' possession of a gun justifiable. It's all but apparent he is the main reason this escalated the way it did
Posted on 12/8/16 at 2:36 pm to Fun Bunch
THis is what i'm gathering: Was Will SMith going to retrieve a gun because he heard ONeal say back off, i have a gun.... We heard right after events ONeal making comments that he thinks Hayes saved his life that night etc.
Posted on 12/8/16 at 2:36 pm to lsupride87
quote:
So now we have a state witness saying they did in fact here Hernandez threaten to kill a n****
Did he demonstrate an ability to do so?
Words aren't enough. Not even close.
Posted on 12/8/16 at 2:36 pm to tigerpimpbot
quote:
Fair enough. It is a hurdle.
Never said it wasn't. If our roles were reversed right night, you, and others, would be insulting me left and right.
Posted on 12/8/16 at 2:36 pm to lsupride87
quote:
I think Hayes will walk now
still looking for a reason to shoot Will & Racquel
if it was Hernandez who was dead... I'd pretty much agree
Posted on 12/8/16 at 2:36 pm to lsupride87
quote:
and a threat to kill someone as they try to argue that .. Hayes and O'Neal were under attack and threat at the time of the shooting
quote:
I think Hayes will walk now
Im not really siding one way or another, but I would hope no one goes free who killed another person because some one said "Im gonna kill you". I would hope him being exonerated from murder would take more than that.
Posted on 12/8/16 at 2:37 pm to lsupride87
quote:
In my opinion, yes
I say this with all due respect then, and I mean no offense, but I would be scared to death of you. That's borderline lunatic.
Posted on 12/8/16 at 2:37 pm to Fun Bunch
quote:
Did he demonstrate an ability to do so?
Witness on stand admitting to laughing at little hernandez
Posted on 12/8/16 at 2:38 pm to lsupride87
quote:
In my opinion, yes
Really? So anyone that says "I'm gonna frick you up" could also be shot off that logic.
Posted on 12/8/16 at 2:38 pm to Fun Bunch
quote:
Did he demonstrate an ability to do so?
Words aren't enough. Not even close.
That's my thing. Words are enough to incite fear, but not enough fear to justify murder.
Posted on 12/8/16 at 2:38 pm to Fun Bunch
quote:
There's nothing in louisiana that requires it to be mitigated to manslaughter because it was heated.
But that is specifically defined in the manslaughter law, in La.
LA Rev Stat § 14:31
§31. Manslaughter
A. Manslaughter is:
(1) A homicide which would be murder under either Article 30 (first degree murder) or Article 30.1 (second degree murder), but the offense is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection. Provocation shall not reduce a homicide to manslaughter if the jury finds that the offender's blood had actually cooled, or that an average person's blood would have cooled, at the time the offense was committed; or
(2) A homicide committed, without any intent to cause death or great bodily harm.
(a) When the offender is engaged in the perpetration or attempted perpetration of any felony not enumerated in Article 30 or 30.1, or of any intentional misdemeanor directly affecting the person; or
(b) When the offender is resisting lawful arrest by means, or in a manner, not inherently dangerous, and the circumstances are such that the killing would not be murder under Article 30 or 30.1.
B. Whoever commits manslaughter shall be imprisoned at hard labor for not more than forty years. However, if the victim killed was under the age of ten years, the offender shall be imprisoned at hard labor, without benefit of probation or suspension of sentence, for not less than ten years nor more than forty years.
Posted on 12/8/16 at 2:39 pm to LNCHBOX
quote:I am sorry you disagree.
Overreact much?
I think having someone specifically say "I am going to kill you n****" coming from the smith camp is going to be a slam dunk for the defense
You can simply disagree
Posted on 12/8/16 at 2:39 pm to Lester Earl
quote:
Hernandez & Co's actions are almost making Hayes' possession of a gun justifiable. It's all but apparent he is the main reason this escalated the way it did
Except he didn't shoot Hernandez and Co.
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