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

Posted on 12/10/16 at 3:56 pm to
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147710 posts
Posted on 12/10/16 at 3:56 pm to
quote:

Mike Triplett ?@MikeTriplett
Ballistics expert testifies someone who fired revolver would have more than just 1-2 particles of gunshot residue on hands as Will Smith did
Posted by NoSaint
Member since Jun 2011
12736 posts
Posted on 12/10/16 at 3:58 pm to
quote:

the most sensible outcome. The state hasn't proven too me behind a reasonable doubt.


I think they will be close on the top line charge but wouldn't be surprised to see a lesser like that be where it falls as a "compromise" verdict

I don't think a wide majority will want to put him in jail for life over this
This post was edited on 12/10/16 at 4:00 pm
Posted by lsupride87
Member since Dec 2007
111860 posts
Posted on 12/10/16 at 3:59 pm to
quote:



Oh, I wasn't following you. My guess is that he was tailgating them pretty closely and so usually the driver notices first when looking into the rearview mirror and that's my guess as to how they noticed (and they were right, he did hit them).
Did not appear to be tailgating in the video

And that story has changed anyway

Originally both women said they never saw the hummer

Then it changed to we saw the hummer and it felt like they were chasing us

They lied to make it seem like Hayes was a mad man after them


Both sides have done some lying
Posted by NoSaint
Member since Jun 2011
12736 posts
Posted on 12/10/16 at 4:02 pm to
quote:




Both sides have done some lying


Yup - I think the haziness of each sides version, somewhat vague witnesses and the plausible nature of the crash being accidental coupled with Hernandez acting like he did and smith having a gun he might've been getting makes it a situation where a few folks will feel uncomfortable with the 2nd degree murder. Whether that's more or less than 2 is the magic question. I don't think he goes free though.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147710 posts
Posted on 12/10/16 at 4:03 pm to
Jade Cunningham ?@Cunningham_JL
Acosta is stepping down. State rests which means both sides have rested their cases. Closing arguments will take place tomorrow
Posted by Big EZ Tiger
Member since Jul 2010
26846 posts
Posted on 12/10/16 at 4:10 pm to
quote:


And that story has changed anyway

Originally both women said they never saw the hummer

Then it changed to we saw the hummer and it felt like they were chasing us


That's possible.
I had seen a video a while back of Hayes moving pretty good following Smith, but I don't know if there was any video right up in the area where the 2nd incident happened. I haven't seen one, so it's hard to say with that part.
Posted by LNCHBOX
70448
Member since Jun 2009
89250 posts
Posted on 12/10/16 at 4:11 pm to
quote:

smith having a gun he might've been getting makes it a situation where a few folks will feel uncomfortable with the 2nd degree murder.


I don't see what Smith's gun would have to do with anything. The defense hasn't shown any threat from it as far as I could see in the tweets. Maybe it played out differently in court though. Without the gun being on Smith, or at the very least out of it's holster/case, I don't think it's particularly relevant.

I think the state has more than enough for manslaughter, and as far as I'm concerned has done enough for murder 2. I think Fuller overplayed his hand big time in the press leading up to the case. I expected more from the defense.

ETA: two quick downvotes. So surprising
This post was edited on 12/10/16 at 4:25 pm
Posted by LSUintheNW
At your mom’s house
Member since Aug 2009
36973 posts
Posted on 12/10/16 at 4:12 pm to
quote:

State rests which means both sides have rested their cases. Closing arguments will take place tomorrow


I'd hate to be on this jury. If I was in court maybe I'd have a better idea of how I'd vote but from this thread and twitter I'm not really sure what I'd do.
Posted by reddman
Member since Jul 2005
78195 posts
Posted on 12/10/16 at 4:18 pm to
Unless you buy into the theory that evidence was removed from the scene, I think you have to convict him.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147710 posts
Posted on 12/10/16 at 4:21 pm to
quote:

Unless you buy into the theory that evidence was removed from the scene, I think you have to convict him.

yeah... I just don't see how he can get off scott free
Posted by Lester Earl
3rd Ward
Member since Nov 2003
291253 posts
Posted on 12/10/16 at 4:28 pm to
what is his sentence like if he gets only negligent homicide?
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 12/10/16 at 4:29 pm to
quote:

yep... all legal analysts are like "this has been a disaster for the defense"


I think an actual legit attorney could have gotten Hayes off. Fuller is and always will be a joke.
Posted by Big EZ Tiger
Member since Jul 2010
26846 posts
Posted on 12/10/16 at 4:31 pm to
quote:

If I was in court maybe I'd have a better idea of how I'd vote but from this thread and twitter I'm not really sure what I'd do.


The guy never mentioned Smith having a gun in his hand until today (despite all the evidence saying otherwise) and then says he didn't shoot Racquel Smith (despite evidence showing that all of the bullets came from his gun) and you're really unsure of what you would do? Now I can see maybe being iffy on what extent to punish him, but it seems pretty clear that the Hayes went where he didn't need to go.
Posted by tLSU
Member since Oct 2007
8687 posts
Posted on 12/10/16 at 4:38 pm to
It's 0-5, but they aren't coming back negligent homicide.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
291253 posts
Posted on 12/10/16 at 4:42 pm to
what will come back?
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147710 posts
Posted on 12/10/16 at 4:43 pm to
quote:

what will come back?

manslaughter

ETA: which can go all the way up to 40 yrs
This post was edited on 12/10/16 at 4:44 pm
Posted by tLSU
Member since Oct 2007
8687 posts
Posted on 12/10/16 at 4:45 pm to
quote:

manslaughter


I don't think it comes back manslaughter unless Fuller asks for manslaughter in closing tomorrow. And even then it'll be difficult.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147710 posts
Posted on 12/10/16 at 4:48 pm to
quote:

I don't think it comes back manslaughter unless Fuller asks for manslaughter in closing tomorrow. And even then it'll be difficult.

I take you back to this tweet that I posted on the last page

quote:

CJ Mordock ?@CJMordock
Responsive verdicts to 2nd degree murder are att 2nd murder, manslaughter, att manslaughter and negligent homicide. Jury can convict on any
This post was edited on 12/10/16 at 4:49 pm
Posted by tLSU
Member since Oct 2007
8687 posts
Posted on 12/10/16 at 4:50 pm to
quote:

I take you back to this tweet that I posted on the last page



I was a prosecutor in this same courtroom, I'm aware of what the responsive verdicts are.

What I'm saying is that unless Fuller asks the jury to come back with a manslaughter, they aren't going to do it on their own. And you can be sure that Rodrigue will be ready to tell them why it isn't in rebuttal.
Posted by TigahJay
New Orleans
Member since Sep 2015
11402 posts
Posted on 12/10/16 at 4:51 pm to
If I was on the jury I think I would go with manslaughter. Wouldn't let it go murder 2.
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