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

Posted on 12/9/16 at 8:30 pm to
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34507 posts
Posted on 12/9/16 at 8:30 pm to
So you're thinking manslaughter SS?
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 12/9/16 at 8:34 pm to
I think the ADA doesn't prove that Will don't make Hayes fear for his life.

So if Hayes invokes self defense and it isn't proved other wise, he should walk completely and that would cover both M2 and Manslaugher, am I correct?
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34507 posts
Posted on 12/9/16 at 8:36 pm to
With all due respect your double negative in the first line threw me off



I'm not sure how it works.. I would guess he at least gets manslaughter
This post was edited on 12/9/16 at 8:37 pm
Posted by csorre1
Member since Apr 2010
6308 posts
Posted on 12/9/16 at 8:40 pm to
quote:

So if Hayes invokes self defense and it isn't proved other wise, he should walk completely and that would cover both M2 and Manslaugher, am I correct?


I don't see Hayes walking completely. If he had shot Hernandez I could see it but, from what I have seen, Smith was walking away, and was shot in his left side which meant his back was to his car. That really makes it hard to claim self defense.
This post was edited on 12/9/16 at 8:43 pm
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
141061 posts
Posted on 12/9/16 at 8:41 pm to
quote:

I think the ADA doesn't prove that Will don't make Hayes fear for his life.

So if Hayes invokes self defense and it isn't proved other wise, he should walk completely and that would cover both M2 and Manslaugher, am I correct?

which self-defense claim by the defense has the prosecution not already rebuffed?
This post was edited on 12/9/16 at 8:42 pm
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34507 posts
Posted on 12/9/16 at 8:47 pm to
I dno RT... it just feels like for some reason the whole altercation between smith and hayes hasn't been discussed that much

They've spent so much time worried about that retard running around with his shirt off and what everyone else was doing


That makes me think that fuller doesn't want to go there and could be why he's been all over the place with his questioning
This post was edited on 12/9/16 at 8:48 pm
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 12/9/16 at 8:50 pm to
quote:

With all due respect your double negative in the first line threw me off



Well from the way I've interpreted the law it makes more sense writing it this way. To me at least but also I'm no attorney although I've spent some time in a court too


quote:

There is no evidence saying that WS didn't escalate it during the heightened ordeal c
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
141061 posts
Posted on 12/9/16 at 8:50 pm to
quote:

I dno RT... it just feels like for some reason the whole altercation between smith and hayes hasn't been discussed that much

They've spent so much time worried about that retard running around with his shirt off and what everyone else was doing


That makes me think that fuller doesn't want to go there and could be why he's been all over the place with his questioning

exactly... it feels like a red herring "look over here look over here" tactic by Fuller

there's just something that the only unbiased bystander who even heard a mention of the word "gun" said it came from O'Neal... not Smith or anyone from Smith's party
Posted by Chad504boy
4 posts
Member since Feb 2005
166144 posts
Posted on 12/9/16 at 8:53 pm to
quote:

reason the whole altercation between smith and hayes hasn't been discussed that much
cause there wasn't much of one
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 12/9/16 at 8:56 pm to
quote:

shot in his left side which meant his back was to his car.
yeah I get that but none of us have been in a situation where we feel we are in danger of our lives and have to shoot someone. He could have been point blank changing cardell and cardell decides to pull the gun and within fractions of a second WS turns and gets the first bullet in the side and second in the back. Not far fetched and with judgment literally being fractions of a second and having fear for your life:
Posted by csorre1
Member since Apr 2010
6308 posts
Posted on 12/9/16 at 8:56 pm to
quote:

There is no evidence saying that WS didn't escalate it during the heightened ordeal c


My gripe with the court proceedings is the lack of testimony discussing Hayes and Smith. Words alone don't allow Hayes to shoot Smith regardless of what is said. So far there is a witness saying Will Smith didn't do anything that deserved to get him shot and not much to the contrary.

The examiner says he was shot in his left side which puts his back to his vehicle during some part of the shooting.

It is entirely possible that the altercation between Smith and Hayes got physical, or Smith said he was going to get his gun and then started to turn around to walk towards his car.

Unfortunately for Hayes, that portion of the altercation hasn't really been discussed or corroborated in much detail except in a speculative manner.
This post was edited on 12/9/16 at 8:57 pm
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 12/9/16 at 8:59 pm to
quote:

quote:
reason the whole altercation between smith and hayes hasn't been discussed that much
cause there wasn't much of one
becauae no one witnessed it.... so good luck proving CH wasn't fearing for his life
This post was edited on 12/9/16 at 9:00 pm
Posted by Chad504boy
4 posts
Member since Feb 2005
166144 posts
Posted on 12/9/16 at 9:00 pm to
I don't need the luck, Hayes does
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 12/9/16 at 9:01 pm to
True that... they may sink ol guy and It won't sit well with me.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
141061 posts
Posted on 12/9/16 at 9:01 pm to
quote:

becauae no one witnessed it....

b/c that situation was calm compared to Hernandez & O'Neal... thus drawing everyone's attention
Posted by Chad504boy
4 posts
Member since Feb 2005
166144 posts
Posted on 12/9/16 at 9:06 pm to
quote:

they may sink ol guy and It won't sit well with me.



We all have narratives.
Posted by csorre1
Member since Apr 2010
6308 posts
Posted on 12/9/16 at 9:07 pm to
quote:

becauae no one witnessed it.... so good luck proving CH wasn't fearing for his life


I thought a part of Lousisna self defense law was meet force with force. If Smith didn't have a gun on him, wouldn't that suggest that Hayes was not meeting force with force?
Posted by reddman
Member since Jul 2005
78186 posts
Posted on 12/9/16 at 9:10 pm to
I'm convinced that Hayes is convicted, regardless of his testimony. There just isn't anyone out there that will be able to back up any new claims he will make about what actually happened that night, even if they are true.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
141061 posts
Posted on 12/9/16 at 9:15 pm to
quote:

I'm convinced that Hayes is convicted, regardless of his testimony. There just isn't anyone out there that will be able to back up any new claims he will make about what actually happened that night, even if they are true.

I figured his chances were dim... but he still had a little something there when the prosecution rested

but that all went away when the private eye took the stand... he was literally that bad of a witness... esp. in the #1 hole for the defense
Posted by USMCTiger03
Member since Sep 2007
71176 posts
Posted on 12/9/16 at 9:15 pm to
quote:

I thought a part of Lousisna self defense law was meet force with force. If Smith didn't have a gun on him, wouldn't that suggest that Hayes was not meeting force with force?

The allegation is that Smith was going for a gun.
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