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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
Posted by LNCHBOX
70448
Member since Jun 2009
89250 posts
Posted on 12/8/16 at 2:33 pm to
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 by Fun Bunch
New Orleans
Member since May 2008
131022 posts
Posted on 12/8/16 at 2:33 pm to
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 by BrotherEsau
Member since Aug 2011
3600 posts
Posted on 12/8/16 at 2:34 pm to
Maybe.

Can a guy be reasonably in fear of death or great bodily injury int hat situation?
Posted by LNCHBOX
70448
Member since Jun 2009
89250 posts
Posted on 12/8/16 at 2:34 pm to
quote:

I think Hayes will walk now


Overreact much?
Posted by Fun Bunch
New Orleans
Member since May 2008
131022 posts
Posted on 12/8/16 at 2:34 pm to
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 by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
69164 posts
Posted on 12/8/16 at 2:35 pm to
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 by lsupride87
Member since Dec 2007
111865 posts
Posted on 12/8/16 at 2:35 pm to
quote:

Can a guy be reasonably in fear of death or great bodily injury int hat situation?
In my opinion, yes
Posted by Lester Earl
3rd Ward
Member since Nov 2003
291258 posts
Posted on 12/8/16 at 2:35 pm to
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 by Chad504boy
4 posts
Member since Feb 2005
179544 posts
Posted on 12/8/16 at 2:36 pm to
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 by Fun Bunch
New Orleans
Member since May 2008
131022 posts
Posted on 12/8/16 at 2:36 pm to
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 by LNCHBOX
70448
Member since Jun 2009
89250 posts
Posted on 12/8/16 at 2:36 pm to
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 by rt3
now in the piney woods of Pineville
Member since Apr 2011
147710 posts
Posted on 12/8/16 at 2:36 pm to
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 by lsuhunt555
Teakwood Village Breh
Member since Nov 2008
39028 posts
Posted on 12/8/16 at 2:36 pm to
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 by Fun Bunch
New Orleans
Member since May 2008
131022 posts
Posted on 12/8/16 at 2:37 pm to
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 by Chad504boy
4 posts
Member since Feb 2005
179544 posts
Posted on 12/8/16 at 2:37 pm to
quote:

Did he demonstrate an ability to do so?


Witness on stand admitting to laughing at little hernandez
Posted by LNCHBOX
70448
Member since Jun 2009
89250 posts
Posted on 12/8/16 at 2:38 pm to
quote:

In my opinion, yes


Really? So anyone that says "I'm gonna frick you up" could also be shot off that logic.
Posted by lsuhunt555
Teakwood Village Breh
Member since Nov 2008
39028 posts
Posted on 12/8/16 at 2:38 pm to
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 by Festus
With Skillet
Member since Nov 2009
86132 posts
Posted on 12/8/16 at 2:38 pm to
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 by lsupride87
Member since Dec 2007
111865 posts
Posted on 12/8/16 at 2:39 pm to
quote:

Overreact much?
I am sorry you disagree.

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 by LNCHBOX
70448
Member since Jun 2009
89250 posts
Posted on 12/8/16 at 2:39 pm to
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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