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

Posted on 12/7/16 at 5:16 pm to
Posted by LNCHBOX
70448
Member since Jun 2009
89250 posts
Posted on 12/7/16 at 5:16 pm to
quote:

Can you move on from the commonly thought technique and keep this on topic?



Sure.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
291242 posts
Posted on 12/7/16 at 5:16 pm to
quote:

Like O'Neal and Hayes?




dude, if one of the big question was always if Hayes came out the car with the gun in his hand, and his opposition doesn't even acknowledge seeing him come out with a gun, where exactly does that threat fit into the prosecution's narrative?



You had people on the scene describe what they saw, and it wasn't as simple as the cliffnotes in which Hayes told McCaw. Which was

quote:

"Cardell says I got out the car with the gun in my hand. He said he was going to get his gun. What was I supposed to do."



There was stuff in between. People under oath on the scene have said as much. Details and context are important
Posted by diat150
Louisiana
Member since Jun 2005
48069 posts
Posted on 12/7/16 at 5:20 pm to
yeah thats the big hangup for me. someone would have seen the gun. we have heard from 4-5 people, we have heard about pointing in faces, hand checking... it just doesnt add up. Its definitely the most damning thing up to this point since it came from his mouth. How stupid is the prosecution though? it seems like they would have coached these witnesses to say he had the gun out. if they did this case would be over IMO.
Posted by TigerFred
Feeding hamsters
Member since Aug 2003
27897 posts
Posted on 12/7/16 at 5:20 pm to
quote:

if one of the big question was always if Hayes came out the car with the gun in his hand, and his opposition doesn't even acknowledge seeing him come out with a gun, where exactly does that threat fit into the prosecution's narrative?



Up to this point in testimony we can only say that the off duty cop said Hayes told him he exited his vehicle with a gun.

No other witness that the prosecution has put on the stand has stated that they seen Hayes with a gun.

Moving forward this is pretty big to the case if the prosecution is trying to say Hayes was the aggressor.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
291242 posts
Posted on 12/7/16 at 5:20 pm to
quote:



From O'Neal's mouth:

quote:
“What kind of person,” Kevin asks one day, “sees a guy like Bear, someone that big, standing there with a gun, and keeps coming at him?”



i'll allow this in regards to winning an internet argument, but this hasn't be in play in the court room, which is obviously more important
Posted by TigerBait1127
Houston
Member since Jun 2005
47336 posts
Posted on 12/7/16 at 5:21 pm to
quote:

dude, if one of the big question was always if Hayes came out the car with the gun in his hand,




quote:

"Cardell says I got out the car with the gun in my hand. He said he was going to get his gun. What was I supposed to do."


quote:

and his opposition doesn't even acknowledge seeing him come out with a gun,


I've already addressed this

quote:

There was stuff in between.


Stuff in between him getting out of the car with his gun in hand and the shooting?

Well no shite. That is some great detective work. Way to read those context clues.
Posted by TigerBait1127
Houston
Member since Jun 2005
47336 posts
Posted on 12/7/16 at 5:22 pm to
quote:

How stupid is the prosecution though? it seems like they would have coached these witnesses to say he had the gun out. if they did this case would be over IMO.


They should be coached to commit perjury if they didn't see the gun?
Posted by ihometiger
Member since Dec 2013
12475 posts
Posted on 12/7/16 at 5:23 pm to
quote:

the off duty cop said Hayes told him he exited his vehicle with a gun.


Off duty cop who was drinking at the Half Moon at that. Alcohol can change peoples memories
Posted by diat150
Louisiana
Member since Jun 2005
48069 posts
Posted on 12/7/16 at 5:23 pm to
why would no other witness say hayes had a gun?
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
41511 posts
Posted on 12/7/16 at 5:24 pm to
Been busy af today. Can someone give me a recap?
Posted by GRIZZ
Morgan City
Member since Nov 2009
6305 posts
Posted on 12/7/16 at 5:24 pm to
quote:

did he get out with the gun concealed?


If it was concealed he would have had one hand behind his back.
Posted by diat150
Louisiana
Member since Jun 2005
48069 posts
Posted on 12/7/16 at 5:25 pm to
quote:

They should be coached to commit perjury if they didn't see the gun?


I was joking about that but I find it hard to believe that 5 other people didnt see a gun. a rather large handgun at that.
Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
74463 posts
Posted on 12/7/16 at 5:26 pm to
quote:


No other witness that the prosecution has put on the stand has stated that they seen Hayes with a gun.


Hard to miss a .45 in someone's hands, right?

I don't doubt he exited the H2 with the gun, Im not sure he was swinging it around from the onset.

Could he have had it concealed then pulled it?
Posted by Lester Earl
3rd Ward
Member since Nov 2003
291242 posts
Posted on 12/7/16 at 5:26 pm to
Mr Touchy already addressed that, apparently
Posted by TigerBait1127
Houston
Member since Jun 2005
47336 posts
Posted on 12/7/16 at 5:26 pm to
quote:

why would no other witness say hayes had a gun?



The crazy shirtless man was on the other side of the car getting into it with Kevin

Smith was focused on her husband

Hayes, who's a big man, kept it at his side.

I certainly don't think Hayes got out the car intending to shoot Smith

How many of them were even on the driver's side of the vehicles?
This post was edited on 12/7/16 at 5:28 pm
Posted by diat150
Louisiana
Member since Jun 2005
48069 posts
Posted on 12/7/16 at 5:26 pm to
quote:

If it was concealed he would have had one hand behind his back.


thats possible, but 2 separate witnesses talk about finger pointing and hand checking. possible that he only used one hand.
Posted by diat150
Louisiana
Member since Jun 2005
48069 posts
Posted on 12/7/16 at 5:28 pm to
quote:

The crazy shirtless man was on the other side of the car getting into it with Kevin


thats not what the guy in the house said. he said that guy was going at hayes also.

smith wife was on that side, as was dooley.

pt said he had a clear view also.
This post was edited on 12/7/16 at 5:29 pm
Posted by TigerBait1127
Houston
Member since Jun 2005
47336 posts
Posted on 12/7/16 at 5:28 pm to
quote:

Mr Touchy




where have I been touchy?
This post was edited on 12/7/16 at 5:28 pm
Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
74463 posts
Posted on 12/7/16 at 5:29 pm to
quote:


If it was concealed he would have had one hand behind his back.


What?

He couldve left it in his waistband, or even a pocket theoretically, while having use of both hands. Chances are his pants were sagging so idk if concealing it was an option

then pulled it when smith retreated to his vehicle
Posted by Lester Earl
3rd Ward
Member since Nov 2003
291242 posts
Posted on 12/7/16 at 5:29 pm to
you're acting like lncbox, which isnt good. i want to discuss the trial with you but not if you're going to act like a bitch
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