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

Posted on 12/7/16 at 9:37 am to
Posted by LNCHBOX
70448
Member since Jun 2009
89248 posts
Posted on 12/7/16 at 9:37 am to
quote:

Yes, I think Hayes had his gun first.
\

Then how can you come to any conclusion other than Hayes is guilty?
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66272 posts
Posted on 12/7/16 at 9:37 am to
quote:

I thought Hayes exited the vehicle with the gun?



we still haven't gotten a full description of the sequence of events.




Posted by Fun Bunch
New Orleans
Member since May 2008
131007 posts
Posted on 12/7/16 at 9:37 am to
quote:

That doesn't matter. What matters is if Hayes pulled out his gun because Smith and Hernandez were the aggressors.





lol no.

Pulling out a gun is not a reasonable response under the law.

If Hayes pulled out a gun first, it is pretty much over.
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66272 posts
Posted on 12/7/16 at 9:38 am to
quote:

punched him
Posted by diat150
Louisiana
Member since Jun 2005
48059 posts
Posted on 12/7/16 at 9:38 am to
John Simerman ?@johnsimerman 10s11 seconds ago

Daniels also saying she never mentioned Kevin O'Neal swinging at her husband. "I don't remember what I told the detective," she replies.
0 replies 0 retweets 0 likes
John Simerman ?@johnsimerman 37s38 seconds ago

Daniels suggesting Dooley never mentioned in early police interview that she saw a vehicle following them. Dooley said she doesn't recall.
Posted by Fun Bunch
New Orleans
Member since May 2008
131007 posts
Posted on 12/7/16 at 9:38 am to
quote:

Yes, I think Hayes had his gun first.

I am not waffling you dumbfrick. I have no idea what it means from a legal standpoint

Smith hit and run

Hayes follows smith and hits him

Smith exits car and heads to Hayes Hummer, with Hernandez taking off his shirt and acting like an animal

Hayes exits car with gun

Arguing ensues

Smtih mentions gun

Heads back to car after a mention of gun

Is shot dead


If this is the sequence of events that is proven, Hayes is going to jail.

Easily. Open and shut.
Posted by lsupride87
Member since Dec 2007
111844 posts
Posted on 12/7/16 at 9:38 am to
Although the only thing that makes me question whether Hayes had a gun when he first got out the car is the fact Smith and Hernandez were willing to argue with a man with a gun? They were willing to go face to face with a man with a gun? Smiths wife was willing to get between a man with a gun?


Seems very possible mentioned gun, but did not have it on his person when the arguing was happening
Posted by TigahJay
New Orleans
Member since Sep 2015
11402 posts
Posted on 12/7/16 at 9:39 am to
quote:

I thought Hayes exited the vehicle with the gun?

Another important factor is whether Hayes simply had the gun in his pocket or was he waving the gun around in a threatening manner as soon as he got out.
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66272 posts
Posted on 12/7/16 at 9:40 am to
quote:

Pulling out a gun is not a reasonable response under the law.

If Hayes pulled out a gun first, it is pretty much over.




so I can't pull out my gun if someone is beating me with their fist?

I can't warn them to back off with said gun?

and then if they (someone who has "Struck" me) say they are going get their gun, I should just lay down and take my medicine?

that is retarded fun bunch. not saying it happened this way but you don't know what happened either
Posted by lsupride87
Member since Dec 2007
111844 posts
Posted on 12/7/16 at 9:40 am to
quote:

If this is the sequence of events that is proven, Hayes is going to jail.

Easily. Open and shut.
Explain?

Having two men approach your vehicle, one being a huge man, and the other with his shirt off acting crazy, would not put you in fear enough to grab your gun? If I am on the jury, I do not think grabbing your gun here is outlandish. Remember, he didnt shoot at this point.

I know you are an attorney, but I am a human being that would be on a jury. I would find it reasonable to grab your gun in this situation
Posted by JasonL79
Houston area
Member since Jan 2010
6425 posts
Posted on 12/7/16 at 9:40 am to
quote:

Seems very possible mentioned gun, but did not have it on his person when the arguing was happening


Or it could have been concealed.
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34929 posts
Posted on 12/7/16 at 9:41 am to
quote:

did hayes grab his because will struck him?



Didn't he get out of the car with it?
Posted by TigahJay
New Orleans
Member since Sep 2015
11402 posts
Posted on 12/7/16 at 9:41 am to
quote:

Pulling out a gun is not a reasonable response under the law.

If two men were swinging at you (in this scenario), you can't pull a gun out? Not so sure about that but I'm not a lawyer.
Posted by lsupride87
Member since Dec 2007
111844 posts
Posted on 12/7/16 at 9:42 am to
quote:

John Simerman ?@johnsimerman 10s11 seconds ago

Daniels also saying she never mentioned Kevin O'Neal swinging at her husband. "I don't remember what I told the detective," she replies.
0 replies 0 retweets 0 likes
John Simerman ?@johnsimerman 37s38 seconds ago

Daniels suggesting Dooley never mentioned in early police interview that she saw a vehicle following them. Dooley said she doesn't recall.
This woman is a terrible witness for the prosecution.

You wouldnt have told the detective that O'Neal swung at your husband? You wouldnt have told the detective you thought Hayes was following you?
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34929 posts
Posted on 12/7/16 at 9:42 am to
frick you chad I had to look up what :waffling: meant




The legal shite is hard enough to keep up with - stop using words I've never heard of
Posted by diat150
Louisiana
Member since Jun 2005
48059 posts
Posted on 12/7/16 at 9:42 am to
Your husband at some point removes his shirt? D: Yes. You didn't tell the detective that did you? D: I'm not sure.

ohhh
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66272 posts
Posted on 12/7/16 at 9:43 am to
quote:

Didn't he get out of the car with it?


I'm still not clear that he did. nothing in this case has been proven yet
Posted by lsupride87
Member since Dec 2007
111844 posts
Posted on 12/7/16 at 9:44 am to
quote:

I'm still not clear that he did. nothing in this case has been proven yet
The only thing that makes me doubt he did is the fact smith and Hernandez are willing to argue face to face angrily with a man with a gun?
Posted by Fun Bunch
New Orleans
Member since May 2008
131007 posts
Posted on 12/7/16 at 9:44 am to
quote:

so I can't pull out my gun if someone is beating me with their fist?



Generally speaking, of course not.

If you LIFE is REASONABLY (hint, reasonableness has an objective, legal standard) in danger, such as what was argued in the Trayvon Martin case, then yes.

There is absolutely no evidence whatsoever that Hayes life was reasonably in danger before he mentioned or took out a gun.

Hayes is an extremely large man. If Smith was on top of him pounding him then yes.

That didn't happen.

You can't pull out a gun because two guys are talking shite to you.
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34929 posts
Posted on 12/7/16 at 9:45 am to
Fair enough



Seems like it would have been mentioned IF Hayes had to walk back to his hummer to get it
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