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re: Will Smith Murder Trial-Guilty of manslaughter and attempted manslaughter
Posted on 12/6/16 at 4:30 pm to lsupride87
Posted on 12/6/16 at 4:30 pm to lsupride87
Nothing is has really damned either side yet
2
Posted on 12/6/16 at 4:31 pm to lsupride87
quote:
Fun Bunch, your thoughts?
Don't have much thoughts on it. Hard to tell with not being there.
I'll point out once again that Hernandez and Smith being "aggressors" isn't particularly relevant.
Posted on 12/6/16 at 4:31 pm to LaBornNRaised
quote:
Your post in this thread are comical ...
sorry you fail to see the light
Posted on 12/6/16 at 4:31 pm to ihometiger
quote:
I think her testimony thus far has actually helped the defense because it sounds like Hernandez was one of the main aggressors in this fricked up situation which is probably what spurred on a drunk Will Smith into thinking he could solve this with aggression too.
So what?
Posted on 12/6/16 at 4:33 pm to Chad504boy
None of the testimony from the people directly involved will move the needle, or at least it shouldn't.
The tox report(s)
Witness testimony that is corroborated with the evidence and other witness statements
Ballistics
Potential video or other recording of the incident
Those are the only things that will make any difference in this case imo.
Wildcard: Hard evidence of police misconduct or misconduct on the part of someone like Ceravolo.
The tox report(s)
Witness testimony that is corroborated with the evidence and other witness statements
Ballistics
Potential video or other recording of the incident
Those are the only things that will make any difference in this case imo.
Wildcard: Hard evidence of police misconduct or misconduct on the part of someone like Ceravolo.
Posted on 12/6/16 at 4:33 pm to Fun Bunch
quote:
I'll point out once again that Hernandez and Smith being "aggressors" isn't particularly relevant.
thats your opinion
i feel it does make a difference. if I got some alcohol fueled guys taking their shirt off getting in my face, I probably wouldn't feel safe
Posted on 12/6/16 at 4:33 pm to Chad504boy
quote:Agreed.
Nothing is has really damned either side yet
Which is a win for the defense. They dont have to prove anything. That is on the prosecution
Posted on 12/6/16 at 4:33 pm to Fun Bunch
quote:
Racquel Smith said she and Will were walking back to her car when she heard 'a pop pop.' — Ramon Antonio Vargas (@RVargasAdvocate) December 6, 2016
quote:
Racquel Smith: I felt burning all through my body. I just grabbed my legs. I didn't know I'd been shot. I collapsed. I played dead. — Ramon Antonio Vargas (@RVargasAdvocate) December 6, 2016
Racquel Smith: 'I played dead. I didn't know if he was going to come back and shoot me.' Shudders. 'I just lay there.' — Ramon Antonio Vargas (@RVargasAdvocate) December 6, 2016
quote:
Racquel Smith: I heard more shooting then someone say, 'You wanna show off for the effing white boy? Now, look at you now.' — Ramon Antonio Vargas (@RVargasAdvocate) December 6, 2016
this is the most important part if other witnesses can back it up
quote:
ADA: Did anyone make any physical contact with anyone in Hayes' Hummer? Racquel Smith: 'absolutely not.' — Ramon Antonio Vargas (@RVargasAdvocate) December 6, 2016
This post was edited on 12/6/16 at 4:38 pm
Posted on 12/6/16 at 4:34 pm to ihometiger
That testimony about Hernandez's actions was crazy.
This post was edited on 12/6/16 at 4:35 pm
Posted on 12/6/16 at 4:34 pm to JohnnyKilroy
Yeah her.
Posted on 12/6/16 at 4:34 pm to TigerBait1127
I hope they call the woman who was praying with her.
Posted on 12/6/16 at 4:34 pm to Fun Bunch
quote:
Will Smith Murder Trial
quote:
I think her testimony thus far has actually helped the defense because it sounds like Hernandez was one of the main aggressors in this fricked up situation which is probably what spurred on a drunk Will Smith into thinking he could solve this with aggression too.
So what?
It lays a supporting narrative to the foundation that Fuller is laying down that Smith/Hernandez attacked Hayes and that he acted in self-defense. I thought you were a lawyer? I know they taught me this in my 1st semester of law school.
Posted on 12/6/16 at 4:34 pm to TigerBait1127
quote:
Shocking
k
shocking that you would find this shocking
Posted on 12/6/16 at 4:34 pm to Nado Jenkins83
quote:
i feel it does make a difference. if I got some alcohol fueled guys taking their shirt off getting in my face, I probably wouldn't feel safe
That's cool. That doesn't matter because it isn't even close to the standard.
There is a long history of case law on point. Even him saying "I have a gun" isn't enough for Hayes to unload on him.
Posted on 12/6/16 at 4:35 pm to Fun Bunch
Racquel Smith: I heard more shooting then someone say, 'You wanna show off for the effing white boy? Now, look at you now.'
Posted on 12/6/16 at 4:36 pm to Fun Bunch
quote:
There is a long history of case law on point. Even him saying "I have a gun" isn't enough for Hayes to unload on him.
what about him reaching for his gun, is that enough?
Posted on 12/6/16 at 4:36 pm to ihometiger
quote:
is laying down that Smith/Hernandez attacked Hayes
There's absolutely no evidence that I'm aware of that suggests the physically attacked him to the point where he felt he was in imminent danger of losing his life or great bodily harm.
Which is the standard. Maybe they teach that in 2L.
Posted on 12/6/16 at 4:36 pm to Winkface
Man I still dont get the murder 2 charge.
quote:I mean it just seems this has manslaughter written all over it. The prosecutions witnesses themselves keep bringing up the cussing and arguing of the two parties.
Second-degree murder is ordinarily defined as: 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion"; or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between
Posted on 12/6/16 at 4:36 pm to Fun Bunch
quote:
Even him saying "I have a gun" isn't enough for Hayes to unload on him.
That's not gonna be the argument though. The defense's argument is gonna be that he said "I have a gun" and then took action to retrieve said gun.
Posted on 12/6/16 at 4:37 pm to Fun Bunch
quote:
That's cool. That doesn't matter because it isn't even close to the standard.
There is a long history of case law on point. Even him saying "I have a gun" isn't enough for Hayes to unload on him
what about if he said I have a gun and then reached into his vehicle to get it?
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