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re: Will Smith Murder Trial-Guilty of manslaughter and attempted manslaughter
Posted on 12/10/16 at 4:51 pm to tLSU
Posted on 12/10/16 at 4:51 pm to tLSU
quote:
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.
I'm just saying what's available to them
I'm going to defer to you
1
Posted on 12/10/16 at 4:57 pm to reddman
quote:
Unless you buy into the theory that evidence was removed from the scene
A theory which, in it's first iteration was completely smashed, then it was re-arranged to fit new fats (Ceravolo was at Windsor Court, so now it was some other white man (race card), even though "Weedy" was not presented in court).
Anyone who buys that needs their head examined, period.
Posted on 12/10/16 at 4:58 pm to bayourougebengal
quote:
quote:
negligent homicide
Not when you shoot someone 8 times in the back. Sorry it doesn't work that way.
Posted on 12/10/16 at 4:58 pm to TigahJay
quote:
If I was on the jury I think I would go with manslaughter. Wouldn't let it go murder 2.
quote:
TigahJay
VERY bad sign for the DEFENSE........
Posted on 12/10/16 at 4:59 pm to rt3
It's a definite possibility. Fuller needs to tread very lightly on even suggesting "but if you do think....go manslaughter" because it's almost a concession.
I can guarantee the rebuttal will hammer on why Hayes blood should have cooled (it can happen in an instant) the moment Smith and his wife walked away, and thus manslaughter is inappropriate.
I can guarantee the rebuttal will hammer on why Hayes blood should have cooled (it can happen in an instant) the moment Smith and his wife walked away, and thus manslaughter is inappropriate.
Posted on 12/10/16 at 5:02 pm to TigahJay
quote:
If I was on the jury I think I would go with manslaughter. Wouldn't let it go murder 2.
Whatever it is, Hayes deserves to spend 40+ years in prison. I honestly thought he would would walk, now I don't see any chance of that.
Posted on 12/10/16 at 5:04 pm to tgrbaitn08
quote:
Not when you shoot someone 8 times in the back. Sorry it doesn't work that way.
It damn sure shouldn't be murder 2
Posted on 12/10/16 at 5:05 pm to tLSU
quote:
Matt Sledge ?@mgsledge
After haggling over jury instructions, judge sends last few folks in court home. Trial resumes with closing arguments at 9am Sunday.
Posted on 12/10/16 at 5:05 pm to bayourougebengal
quote:
It damn sure shouldn't be murder 2
So when he lifted the gun, he didn't intend to kill or commit great bodily harm to Will Smith, right?
Posted on 12/10/16 at 5:06 pm to Sid in Lakeshore
quote:
VERY bad sign for the DEFENSE........
What you think I'm biased towards Hayes?
The whole time I've been following the case I've tried to think as if I was someone on the jury. Tried to remain unbiased, maybe it came off as me favoring Hayes compared to the Saints fans in the thread. You act like manslaughter is a tap on the wrist. 40 years is a very long time.
Posted on 12/10/16 at 5:12 pm to tgrbaitn08
quote:
I honestly thought he would would walk, now I don't see any chance of that.
Same.
Posted on 12/10/16 at 5:18 pm to bayourougebengal
quote:
It damn sure shouldn't be murder 2
He slammed into the back of Smiths vehicle
He exited vehicle with gun or even worse is that he went back to retrieve his gun
He shot passenger twice in the leg
He shot driver 8 times in the back and killed him
Driver and passenger were both unarmed.
Posted on 12/10/16 at 5:20 pm to tLSU
quote:
So when he lifted the gun, he didn't intend to kill or commit great bodily harm to Will Smith, right?
There was no malice. He felt like he was doing what he needed to do to defend his own life. Not saying 100% he was right, just that he didn't "murder" anyone.
Posted on 12/10/16 at 5:21 pm to bayourougebengal
What made him feel like his life was in danger?
Posted on 12/10/16 at 5:24 pm to tgrbaitn08
If we was justified in feeling his life was endangered he would walk free
This post was edited on 12/10/16 at 5:24 pm
Posted on 12/10/16 at 5:24 pm to bayourougebengal
quote:
There was no malice.
There is no malice required. If you feel like it was justifiable homicide, that's one thing. But shooting a man who is facing away from the cab of his vehicle sure seems like a stretch to me.
Posted on 12/10/16 at 5:27 pm to tLSU
Taken from Google:
What is manslaughter in Louisiana:
Going in the other direction, manslaughter is a murder committed under certain mitigating circumstances. Manslaughter is a homicide which would ordinarily be second-degree murder, except that it was committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control or cool reflection.
Example: Another example might be where a law-abiding citizen is attacked, but then the attacker withdraws from the conflict. But in retaliation for the attack, the citizen chases down the former attacker and kills him. Such a killing is not justified in self-defense because the attacker had withdrawn from the attack, but the original attack might be considered provocation sufficient to deprive an average person of his self-control and cool reflection.
Seems like it fits this case to a T
What is manslaughter in Louisiana:
Going in the other direction, manslaughter is a murder committed under certain mitigating circumstances. Manslaughter is a homicide which would ordinarily be second-degree murder, except that it was committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control or cool reflection.
Example: Another example might be where a law-abiding citizen is attacked, but then the attacker withdraws from the conflict. But in retaliation for the attack, the citizen chases down the former attacker and kills him. Such a killing is not justified in self-defense because the attacker had withdrawn from the attack, but the original attack might be considered provocation sufficient to deprive an average person of his self-control and cool reflection.
Seems like it fits this case to a T
Posted on 12/10/16 at 5:30 pm to TigahJay
quote:
Seems like it fits this case to a T
Except for the fact that if a person's blood should have cooled from its peak, as in if people start walking away, then it's not manslaughter. That will be hammered home by the state in rebuttal.
The question is whether Fuller makes the decision to argue for that, because someone will need to.
Posted on 12/10/16 at 5:32 pm to tLSU
quote:
tLSU
Fun Bunch (who apparently is a lawyer) way earlier in this thread said that in Louisiana, murder 2 and manslaughter are pretty much synonymous.. is this accurate?
Posted on 12/10/16 at 5:35 pm to NoSaint
I've followed this thread and the tweets. My assessment from experience is that in a situation similar to these events, it is very common for multiple people to only see and hear parts of an event. Even though their recollections are very different they may all be being truthful. Add alcohol, darkness, etc.....
Example - run into a room full of friends while holding a knife, screaming, dressed in camouflage with a red hat and then run out the room. Have each person describe what they saw. Guarantee there will be multiple conflicting stories but their version is real to them. Add a second person and it gets worse.
Just saying that we will never know what really happened in the WS case.
Example - run into a room full of friends while holding a knife, screaming, dressed in camouflage with a red hat and then run out the room. Have each person describe what they saw. Guarantee there will be multiple conflicting stories but their version is real to them. Add a second person and it gets worse.
Just saying that we will never know what really happened in the WS case.
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