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

Posted on 12/7/16 at 4:04 pm to
Posted by ForeverLSU02
Albany
Member since Jun 2007
52570 posts
Posted on 12/7/16 at 4:04 pm to
quote:

Hernandez "was kind of bouncing around," Cacioppo says. "He's all over this place. I couldn't take my eyes off him."
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66279 posts
Posted on 12/7/16 at 4:04 pm to
quote:

But Hayes being the calmest one on the scene, while the Smith party are the angry ones, would make some believe they were aggressors, which may have led to him then fearing for his life


which makes sense if they were all drinking and hayes and oneal were indeed sober.
Posted by TigahJay
New Orleans
Member since Sep 2015
11402 posts
Posted on 12/7/16 at 4:04 pm to
quote:

Cacioppo says he didn't see Hayes talk to a white man in glasses after the shooting -- this seems to the off-duty cop who spoke with Hayes while on a call to 911, catching some statements from Hayes on tape. Cacioppo says Hayes' 1st human interaction post shooting was with first on-duty officer on the scene, Amanda Williams.

This could be important if you can't hear Hayes saying that he got out the car with a gun in his hand during the 911 call. I wonder when/if the call will be presented.
This post was edited on 12/7/16 at 4:05 pm
Posted by Fun Bunch
New Orleans
Member since May 2008
131014 posts
Posted on 12/7/16 at 4:05 pm to
quote:

Not worth responding to you, because we know, its irrelevant.




quote:

which may have led to him then fearing for his life


So what if he feared for his life?
Posted by lsupride87
Member since Dec 2007
111857 posts
Posted on 12/7/16 at 4:05 pm to
quote:

So what if he feared for his life?
Yes, so what
Posted by oleyeller
Vols, Bitch
Member since Oct 2012
32605 posts
Posted on 12/7/16 at 4:06 pm to
quote:

taught in CCL classes


quote:

unloaded his clip


you need to take this class
Posted by lsupride87
Member since Dec 2007
111857 posts
Posted on 12/7/16 at 4:06 pm to
quote:

Cacioppo says that when Smith and Hayes were "hand checking" each other, Hayes was trying to defend himself. Says that Smith was aggressive.


Chad?

Fun bunch?

lnch?
Posted by Fun Bunch
New Orleans
Member since May 2008
131014 posts
Posted on 12/7/16 at 4:08 pm to
quote:

Yes, so what


You're right. His subjective "fear" doesn't matter at all. Its whether that fear of his life was reasonable.

And one could argue (as the ADA will, I'm sure), him being unsettelingly calm would suggest he wasn't fearful at all, but instead in total control of his actions and emotions.
This post was edited on 12/7/16 at 4:09 pm
Posted by lsupride87
Member since Dec 2007
111857 posts
Posted on 12/7/16 at 4:09 pm to
quote:

You're right. His subjective "fear" doesn't matter at all. Its whether that fear was of his life was reasonable.
I hate to tell you fun bunch, esq, but "imminent fear" is a subjective measure.
This post was edited on 12/7/16 at 4:09 pm
Posted by Chad504boy
4 posts
Member since Feb 2005
179531 posts
Posted on 12/7/16 at 4:09 pm to
quote:



Chad?

Fun bunch?

lnch?


two guys were handchecking. Hayes at one point follows will to his vehicle.
Posted by Fun Bunch
New Orleans
Member since May 2008
131014 posts
Posted on 12/7/16 at 4:10 pm to
I hate to tell you, but reasonableness under the law has an objective standard that will be fairly well defined for the jury.
Posted by lsupride87
Member since Dec 2007
111857 posts
Posted on 12/7/16 at 4:10 pm to
quote:

two guys were handchecking.
One guy was aggressively "hand checking", Will SMith, why another man was defending himself, Mr. Hayes

According to the witness
Posted by ForeverLSU02
Albany
Member since Jun 2007
52570 posts
Posted on 12/7/16 at 4:10 pm to
quote:

Christopher McGaw is being called to the stand. He is the off-duty cop who spoke to Hayes after the shooting while on a call to 911.
quote:

McGaw is currently assigned to the NOPD's 7th District, which patrols eastern New Orleans.
quote:

McGaw became a full officer a couple of weeks after Smith's fatal shooting
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
69164 posts
Posted on 12/7/16 at 4:10 pm to
There's no way you're not a prosecutor. Mind made up, staying on script. No deviation from your original opinion despite evidence presented. Dead giveaway.
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66279 posts
Posted on 12/7/16 at 4:10 pm to
quote:

So what if he feared for his life?


so biased.

must be a diehard saints fan this fun bunch.

come meet me in the coors light cold zone. I'll buy you a dome foam
Posted by Geauxgurt
Member since Sep 2013
13583 posts
Posted on 12/7/16 at 4:11 pm to
Can someone explain to me how being calm makes this okay? If anything, it makes it worse and less likely to be manslaughter and closer to murder 2.

Hell, if being calm when killing/shooting someone means you are not bad, then most serial killers would never be convicted.
Posted by lsupride87
Member since Dec 2007
111857 posts
Posted on 12/7/16 at 4:11 pm to
quote:

I hate to tell you, but reasonableness under the law has an objective standard that will be fairly well defined for the jury.
bullshite. They can try and define it all they want in the law, but imminent fear is inherently subjective. Get your head out the textbook 2l
Posted by ForeverLSU02
Albany
Member since Jun 2007
52570 posts
Posted on 12/7/16 at 4:11 pm to
quote:

McGaw was off-duty, on a date with a woman he had been seeing for a while, at the Half Moon Bar and Grill, the night Smith was killed.
quote:

Half Moon is on the same block that Will Smith was killed. McGaw said he heard unmistakable 'bang bang' of at least 2 vehicles crashing.
quote:

McGaw had worked as an EMT before the night Smith was killed. After hearing the crash, headed to the car, seeing if he could help.
quote:

McGaw heard arguing after the crash and figured he would try to intervene and de-escalate whatever was going on.
quote:

McGaw, on the argument: inarticulate, people shouting at each other. 'Two sides going at it.
Posted by ForeverLSU02
Albany
Member since Jun 2007
52570 posts
Posted on 12/7/16 at 4:12 pm to
quote:

McGaw: the entire reason I went from the bar to the argument was because it was rising in pitch and intensity.
quote:

McGaw: when argument didn't stop, he figured either someone was hurt, causing people to argue; or someone simply needed to intervene.
quote:

McGaw said he heard gunshots after he went past the Half Moon. "That's when I heard the staccato gunfire start." Grabbed phone to call 911.
This post was edited on 12/7/16 at 4:14 pm
Posted by lsupride87
Member since Dec 2007
111857 posts
Posted on 12/7/16 at 4:12 pm to
quote:

Can someone explain to me how being calm makes this okay? If anything, it makes it worse and less likely to be manslaughter and closer to murder 2.

Hell, if being calm when killing/shooting someone means you are not bad, then most serial killers would never be convicted
You need to follow better. He was calm when Smith and friends were being aggressive and confrontational. He has never said what he looked like as the shooting occured
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