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

Posted on 12/6/16 at 4:43 pm to
Posted by Chad504boy
4 posts
Member since Feb 2005
178947 posts
Posted on 12/6/16 at 4:43 pm to
the prosecutors couldn't be this stupid to roll with such a easily proven false story
Posted by Fun Bunch
New Orleans
Member since May 2008
130247 posts
Posted on 12/6/16 at 4:43 pm to
quote:

Why is there a semi colon?


because there are other enumerated parts that could ALSO make a crime 2nd degree murder that aren't relevant here.

Such as:

quote:

(2) When the offender is engaged in the perpetration or attempted perpetration of aggravated or first degree rape, forcible or second degree rape, aggravated arson, aggravated burglary, aggravated kidnapping, second degree kidnapping, aggravated escape, assault by drive-by shooting, armed robbery, first degree robbery, second degree robbery, simple robbery, cruelty to juveniles, second degree cruelty to juveniles, or terrorism, even though he has no intent to kill or to inflict great bodily harm.
(3) When the offender unlawfully distributes or dispenses a controlled dangerous substance listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law, or any combination thereof, which is the direct cause of the death of the recipient who ingested or consumed the controlled dangerous substance.
(4) When the offender unlawfully distributes or dispenses a controlled dangerous substance listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law, or any combination thereof, to another who subsequently distributes or dispenses such controlled dangerous substance which is the direct cause of the death of the person who ingested or consumed the controlled dangerous substance.
B. Whoever commits the crime of second degree murder shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
This post was edited on 12/6/16 at 4:44 pm
Posted by diat150
Louisiana
Member since Jun 2005
47804 posts
Posted on 12/6/16 at 4:44 pm to
quote:

Are you kidding?

k

so you are telling me that hernandez is jumping around wanting to fight a guy with a gun in his hand and smith is arguing with a guy with a gun in his hand?
Posted by ihometiger
Member since Dec 2013
12475 posts
Posted on 12/6/16 at 4:44 pm to
quote:

what if Smith "did" hit hayes 3 times and thats when hayes grabs his .45? then smith says he is going get his gun? then the act of reaching for it?


This is what I'm hearing actually happened but we will wait until O'Neal and witness who had left & locked up a nearby coffee shop will testify too as to whether this took place or not.
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66097 posts
Posted on 12/6/16 at 4:44 pm to
quote:

well that is a change from what O'Neal has said in other interviews


what did he say?
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66097 posts
Posted on 12/6/16 at 4:45 pm to
quote:

the prosecutors couldn't be this stupid to roll with such a easily proven false story


hence why they rolled in drew brees and duece to sway the jury.
Posted by tLSU
Member since Oct 2007
8684 posts
Posted on 12/6/16 at 4:45 pm to
quote:

There's other stuff but that's the relevant part. I mean, he unloaded like 9 rounds at close range. I'd say that's specfic intent


A huge, huge thing is going to be the coroner's testimony about what Napoli said in opening: the first shot was a direct hit to his left side, meaning Smith was facing away from the cab of the vehicle (towards his wife). It's only after that first shot that his body turns towards the front of the vehicle, at which point he's shot 6 times in the back as Hayes approaches,...one shot being so close range that the shell casing ends up in the car.
Posted by Chad504boy
4 posts
Member since Feb 2005
178947 posts
Posted on 12/6/16 at 4:45 pm to
Didn't defense talk about swings and misses and not hitting 3 times?
Posted by diat150
Louisiana
Member since Jun 2005
47804 posts
Posted on 12/6/16 at 4:46 pm to
quote:

He brandished gun and came out car with it long before Will said a G word. Reasonable to think Will felt need to retrieve G for his own family's protection from dude holding a gun in confrontation w you

Im not sure about you, but Im not arguing with someone with a gun in their hand, and I surely aint jumping around talking shite with my shirt off.

Also, it seems like smiths wife would have mentioned that hayes had his gun out since she was clearly in the middle of it all.
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66097 posts
Posted on 12/6/16 at 4:46 pm to
quote:

k

so you are telling me that hernandez is jumping around wanting to fight a guy with a gun in his hand and smith is arguing with a guy with a gun in his hand?



excellent point
this makes too much sense to be dismissed
Posted by Winkface
Member since Jul 2010
34377 posts
Posted on 12/6/16 at 4:46 pm to
quote:

one shot being so close range that the shell casing ends up in the car
this points away from self-defense. They'll hammer this, I assume.
Posted by TigerBait1127
Houston
Member since Jun 2005
47336 posts
Posted on 12/6/16 at 4:47 pm to
quote:

so you are telling me that hernandez is jumping around wanting to fight a guy with a gun in his hand and smith is arguing with a guy with a gun in his hand?



From Hayes's attorney:

quote:

Daniels: Smith indicated 'I got a gun too and I'll show you what to do with it.' @wdsu


quote:

Daniels says Racquel was pleading with Will 'not to get his gun' @WDSU

This post was edited on 12/6/16 at 4:48 pm
Posted by Fun Bunch
New Orleans
Member since May 2008
130247 posts
Posted on 12/6/16 at 4:47 pm to
quote:

A huge, huge thing is going to be the coroner's testimony about what Napoli said in opening: the first shot was a direct hit to his left side, meaning Smith was facing away from the cab of the vehicle (towards his wife). It's only after that first shot that his body turns towards the front of the vehicle, at which point he's shot 6 times in the back as Hayes approaches,...one shot being so close range that the shell casing ends up in the car.



Boom. That's extremely damning stuff.

Not to mention it all falls apart when you consider HAYES HAD A GUN IN HIS HAND when Smith retreated to his vehicle.

Posted by ihometiger
Member since Dec 2013
12475 posts
Posted on 12/6/16 at 4:47 pm to
quote:

I've been practicing for over a decade dude.

You're really drinking the Fuller KoolAid big time man.

We will see.


I thought you went to LSU Law? If you went to Loyola then I apologize for the joke. Also didn't mean to disrepect your judgement or views as you have some really good insight. I've been practicing for almost 20.
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66097 posts
Posted on 12/6/16 at 4:48 pm to
quote:

quote:
so you are telling me that hernandez is jumping around wanting to fight a guy with a gun in his hand and smith is arguing with a guy with a gun in his hand?


From Hayes's attorney:

quote:
Daniels: Smith indicated 'I got a gun too and I'll show you what to do with it.' @wdsu



convenient that this entire posts may have time gaps in it
Posted by Winkface
Member since Jul 2010
34377 posts
Posted on 12/6/16 at 4:48 pm to
quote:

Not to mention it all falls apart when you consider HAYES HAD A GUN IN HIS HAND when Smith retreated to his vehicle.
good point
Posted by diat150
Louisiana
Member since Jun 2005
47804 posts
Posted on 12/6/16 at 4:49 pm to
quote:

this points away from self-defense. They'll hammer this, I assume.


does anyone know the model of pistol used by hayes?
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
41087 posts
Posted on 12/6/16 at 4:49 pm to
quote:

so you are telling me that hernandez is jumping around wanting to fight a guy with a gun in his hand and smith is arguing with a guy with a gun in his hand?


Yea they were definitely shithoused.
Posted by Fun Bunch
New Orleans
Member since May 2008
130247 posts
Posted on 12/6/16 at 4:49 pm to
quote:

I've been practicing for almost 20.


Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66097 posts
Posted on 12/6/16 at 4:49 pm to
quote:

Yea they were definitely shithoused.


that hernandez dude just looks like a druggie
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