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re: Will Smith's BAC 3x the legal limit when he was shot

Posted on 5/31/16 at 3:02 pm to
Posted by lsupride87
Member since Dec 2007
111417 posts
Posted on 5/31/16 at 3:02 pm to
quote:

So why cant you be drunk in your car??? Or beat off in your car??? It's an extension of your home, right?
Thanks alot Bin Laden
This post was edited on 5/31/16 at 3:03 pm
Posted by Napoleon
Kenna
Member since Dec 2007
74245 posts
Posted on 5/31/16 at 3:02 pm to
I think you can have a gun in the car while drunk, you cannot posses a gun while drunk. In the glovebox is not possession.

Posted by StrongBackWeakMind
Member since May 2014
22650 posts
Posted on 5/31/16 at 3:03 pm to
quote:

It's an extension of your home, right?
99% of the time, people that make that statement don't know what they are talking about.
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66097 posts
Posted on 5/31/16 at 3:03 pm to
quote:

Hayes hit their car intentionally and hard.
This post was edited on 5/31/16 at 3:05 pm
Posted by StrongBackWeakMind
Member since May 2014
22650 posts
Posted on 5/31/16 at 3:03 pm to
quote:

you cannot posses a gun while drunk
Do you have a statute to back that up?
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147106 posts
Posted on 5/31/16 at 3:06 pm to
quote:



Hard enough to push it up into another vehicle

quote:

The shooting happened after what New Orleans police described as a minor traffic accident on Sophie Wright Place, near the intersection with Felicity Street. Police say Hayes' orange Hummer H2 hit the silver Mercedes SUV Will Smith was driving. The Mercedes then struck a dark-colored Chevrolet Impala in front of it.
Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
74444 posts
Posted on 5/31/16 at 3:07 pm to
quote:

yeah... from the OP's nola.com link

quote:


Hayes is also accused of attempted second-degree murder for shooting Smith's wife Racquel following the April 9 chain-reaction crash in which Hayes' Hummer struck the Smiths' SUV on Sophie Wright Place near Felicity Street.


So where is the fact that he struck smith intentionally?

One could easily just say smith stopped short

It's all speculation at this point. Seems people would learn to jump to conclusions at this point. Seems a few already changing their tune. Who knew waiting for facts to play out would impact the case
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66097 posts
Posted on 5/31/16 at 3:07 pm to
quote:

minor traffic accident


in your own quote.

Smith may have brake checked him.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147106 posts
Posted on 5/31/16 at 3:07 pm to
quote:

bullshite. At the beginning they are incredibly similar

so at what point is Will Smith slamming Hayes' head into the sidewalk?
Posted by Fun Bunch
New Orleans
Member since May 2008
130247 posts
Posted on 5/31/16 at 3:07 pm to
I'm not sure why you find that amusing.

Other than the fact that you know Hayes personally.
Posted by BrotherEsau
Member since Aug 2011
3599 posts
Posted on 5/31/16 at 3:08 pm to
quote:

He killed Smith. The burden is on him to prove that his life was in imminent danger. Smith being drunk doesn't do that.


Actually, it's the state's burden to prove that he intended to and did kill him. It's his burden to prove an affirmative defense, such as self-defense. Life in imminent danger is not the only justification.

quote:

§20. Justifiable homicide
A. A homicide is justifiable:
(1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.

(2) When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.




It's all about what's reasonable and what he perceived.
Posted by lsuhunt555
Teakwood Village Breh
Member since Nov 2008
39015 posts
Posted on 5/31/16 at 3:08 pm to
quote:

so at what point is Will Smith slamming Hayes' head into the sidewalk?


Whichever one is racist.
Posted by baldona
Florida
Member since Feb 2016
24206 posts
Posted on 5/31/16 at 3:08 pm to
So this is my assumption of what happened:

1. Smith drove drunk and rear ends Hayes, left scene
2. Hayes was pissed and chased
3. Hayes peeved off catches up to and rear ends Smith
4. Passenger with Smith gets out of car, rips off shirt, wants to fight Hayes
5. Hayes gets out of car
6. Smith grabs for gun out of glove box, wife fights him, Smith's gun goes off shooting wife in leg on accident
7. Hayes thinks Smith is shooting at him, Hayes kills Smith
Posted by TigerFred
Feeding hamsters
Member since Aug 2003
27869 posts
Posted on 5/31/16 at 3:09 pm to
quote:

Three guns were recovered from the scene


Completely false.

The gun recovered from Smiths car was found three days later after a search warrant was issued and executed.

So why did NOPD have to wait three days to get a search warrant to search Smith's car?

Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66097 posts
Posted on 5/31/16 at 3:09 pm to
quote:

you know Hayes personally.

yeah he signed a jersey for my kid once.
Posted by Napoleon
Kenna
Member since Dec 2007
74245 posts
Posted on 5/31/16 at 3:10 pm to
what's funnier is I am saying I feel like Hayes wasn't in the wrong.

I can't see how anyone can dispute that Hayes intentionally slammed the shite out of Will's Suv.

Posted by reddman
Member since Jul 2005
78195 posts
Posted on 5/31/16 at 3:10 pm to
quote:

So this is my assumption of what happened:

1. Smith drove drunk and rear ends Hayes, left scene
2. Hayes was pissed and chased
3. Hayes peeved off catches up to and rear ends Smith
4. Passenger with Smith gets out of car, rips off shirt, wants to fight Hayes
5. Hayes gets out of car
6. Smith grabs for gun out of glove box, wife fights him, Smith's gun goes off shooting wife in leg on accident
7. Hayes thinks Smith is shooting at him, Hayes kills Smith


Naw.
Posted by StrongBackWeakMind
Member since May 2014
22650 posts
Posted on 5/31/16 at 3:10 pm to
Aren't there pictures from the scene? Shouldn't those pictures show the severity of the crash?
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66097 posts
Posted on 5/31/16 at 3:11 pm to
Here's mine

quote:

1. Smith drove drunk and rear ends Hayes, left scene 2. Hayes was pissed and chased 3. Hayes peeved off catches up to and rear ends Smith unintentionally 4. Passenger with Smith gets out of car, rips off shirt, wants to fight Hayes 5. Hayes gets out of car 6. Raquel Smith reaches for gun out of glove box, Will fights him, Smith's gun goes off shooting wife in leg on accident 7. Hayes thinks Smith is shooting at him, Hayes kills Smith
Posted by jeff5891
Member since Aug 2011
15964 posts
Posted on 5/31/16 at 3:11 pm to
Says the guy who didn't read the link in the op
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