Monday Night Court · Under the Lights
Fender-Bender on Sophie Wright Place
State v. Hayes (2019)
Charge: Second-degree murder - after a bump between a Hummer and a Mercedes, a driver shoots former Saints star Will Smith dead in the street and wounds his wifeCourt: Louisiana Court of Appeal, Fourth Circuit (on appeal from Criminal District Court, Orleans Parish, No. 528-975, Section H, Judge Camille Buras)Docket: Under the Lights
Was Cardell Hayes a frightened driver defending himself from an armed, angry ex-Saint, or the aggressor who rammed a car and then shot a retreating man?
The facts
At about 11.30pm on 9 April 2016, near Magazine Street in Uptown New Orleans, Cardell Hayes's Hummer and a Mercedes SUV driven by Will Smith, the former Saints star, touched in a minor collision as Smith's party left dinner at the Sake Cafe; Hayes followed, and shortly afterwards the Hummer struck the Mercedes again in the 1800 block of Sophie Wright Place. Both men got out. Hayes fired his .45-calibre Ruger: Smith was killed, and his wife Raquel was shot in the legs. Hayes was indicted for second-degree murder, attempted second-degree murder and aggravated criminal damage. He claimed self-defence: he said Smith was 'drunk and loaded', was the aggressor, went back to his car for a gun, and that Hayes fired only when he believed he was about to be shot. A holstered handgun was indeed found wedged between the driver's seat and the console of the Mercedes. The State answered that all nine casings at the scene came from Hayes's gun, that Smith's hands tested inconsistent with having fired anything, and that eyewitnesses saw Smith retreating towards his vehicle when he was shot. Hayes also said the second collision was accidental, while prosecutors told the Orleans Parish jury he deliberately rammed the Mercedes and so brought the fight on himself, which under Louisiana law strips an aggressor of self-defence unless he withdraws.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: State v. Hayes, 2017-0789 (La. App. 4 Cir. 3/27/19), 315 So. 3d 225
Read more at casemine.com. The source reveals the outcome.