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re: Will Smith Murder Trial-Guilty of manslaughter and attempted manslaughter
Posted on 12/7/16 at 4:12 pm to ForeverLSU02
Posted on 12/7/16 at 4:12 pm to ForeverLSU02
quote:
Hernandez "was kind of bouncing around," Cacioppo says. "He's all over this place. I couldn't take my eyes off him."
Why wasn't the Hernandez guy shot instead. Damn you Hayes.
Posted on 12/7/16 at 4:12 pm to Fun Bunch
quote:
Well that would be pretty goddamn bad for him if that's the scenario that sticks
not really.
Posted on 12/7/16 at 4:13 pm to Geauxgurt
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.
explain to me why its ok for the Smith party to act fricking retarded
Posted on 12/7/16 at 4:13 pm to Geauxgurt
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.
Fuller is trying to show that Smith and Hernandez were the ones who were the aggressors in the altercation. If Hayes was the aggressor then any claim for self-defense goes right out the window.
Posted on 12/7/16 at 4:14 pm to tigerpimpbot
quote:
There's no way you're not a prosecutor.
Nope, I've done far more work on the other side, never worked as prosecutor a single day, even in mock trial.
My original opinion was and is that one guy is dead and the other shot him, and the evidence doesn't point to self-defense, which is an extremely tough hill to climb.
I could argue either side, but I see most people white knighting for Hayes for some reason and making absolutely mind-numbing stupid points and it tends to make me want to argue.
The Hayes white knights are extremely weird.
I've already said I dislike Fuller but think he's done a good job on some things but isn't close to their yet. We'll see. He's definitely got material to work with to make morons go "ooooooooooooooohhhh"
Posted on 12/7/16 at 4:14 pm to TigahJay
quote:
McGaw says he ducked behind 'something he hoped would stop bullets.' Then, peered around to see when things calmed down.
Posted on 12/7/16 at 4:14 pm to ForeverLSU02
quote:Hmmm
McGaw only walked up to the scene after the shooting stopped. Saw he thinks he saw O'Neal holding a gun.
Posted on 12/7/16 at 4:14 pm to Nado Jenkins83
quote:
explain to me why its ok for the Smith party to act fricking retarded
Didnt the Smith party say they noticed they were being followed? So they would then think that someone hit them from behind intentionally? That would be pretty good grounds to be upset.
Posted on 12/7/16 at 4:15 pm to Nado Jenkins83
quote:Exactly. The original argument from team SMith was that Hayes is fricked because he got out the car like an animal and was the aggressor.
explain to me why its ok for the Smith party to act fricking retarded
Now that a witness says he was calm and the smith party was aggressive, being calm and defensive is a bad thing
People are dug in one way or the other at this point, and will use anything to better their side
Posted on 12/7/16 at 4:15 pm to Nado Jenkins83
quote:
so biased.
I've already made my point on this. If Hayes feared for his life or not doesn't matter.
Its whether he was REASONABLE to fear for his life and whether his response to that fear was REASONABLE.
Posted on 12/7/16 at 4:15 pm to lsuhunt555
quote:Originally, the smith party said they never noticed the hummer.
Didnt the Smith party say they noticed they were being followed? So they would then think that someone hit them from behind intentionally? That would be pretty good grounds to be upset.
However, that story has since changed
Posted on 12/7/16 at 4:16 pm to lsupride87
quote:
McGaw describes walking up to Cardell Hayes and Kevin O'Neal after the shooting and asked them, 'Hey, guys, what's going on?'
quote:
McGaw said he was pretty sure those 2 were involved because the one who sounds like Kevin O'Neal held a gun.
quote:
A recording of McGaw's 911 call will be played shortly, ADA Napoli says.
This post was edited on 12/7/16 at 4:17 pm
Posted on 12/7/16 at 4:16 pm to lsupride87
quote:
bullshite. They can try and define it all they want in the law, but imminent fear is inherently subjective
K
Posted on 12/7/16 at 4:16 pm to lsupride87
I thought I saw in the testimony yesterday someone said they thought they were being followed. Not saying it didnt change, but I thought I read that yesterday.
Posted on 12/7/16 at 4:17 pm to Fun Bunch
quote:And that will be for the jury to decide. You think you can put black and white on reasonable fear for your life. That is so subjective.
I've already made my point on this. If Hayes feared for his life or not doesn't matter.
Its whether he was REASONABLE to fear for his life and whether his response to that fear was REASONABLE.
Yet, you are applying your thought of reasonable fear into the minds of the jury
Posted on 12/7/16 at 4:17 pm to ForeverLSU02
quote:
McGaw describing how, while on the 911 call, Hayes said another man told him, 'Oh, you have a gun? I have one, too.' Shot him. 'What was I supposed to do?'
This post was edited on 12/7/16 at 4:18 pm
Posted on 12/7/16 at 4:17 pm to lsuhunt555
quote:They did. In there statement to the detective however, they said they did not notice the hummer
I thought I saw in the testimony yesterday someone said they thought they were being followed. Not saying it didnt change, but I thought I read that yesterday.
Posted on 12/7/16 at 4:19 pm to Fun Bunch
quote:
The Hayes white knights are extremely weird.
point them out please
Posted on 12/7/16 at 4:20 pm to lsupride87
quote:
You think you can put black and white on reasonable fear for your life
Nothing is black and white, but the jury will be asked to apply an objective standard, not the perpetrators perception.
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