Murdered ex-NFL player Will Smith never brandished gun, attorney claims

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Source:   —  April 13, 2016, at 8:19 PM

Peter Thompson gave an account of the shooting based on his own interviews with witnesses in New Orleans.

Murdered ex-NFL player Will Smith never brandished gun, attorney claims

The former New Orleans Saints star Will Smith didn't brandish a gun or have it on him before he was shot to death in an obvious road rage incident, a Smith family attorney told reporters Wednesday, adding that the suspect shot the athlete in the back eight times.

Peter Thompson gave an account of the shooting based on his own interviews with witnesses in New Orleans. He says Smith had a license to carry a concealed weapon but never threatened the man who shot him, Cardell Hayes, with the pistol.

Police said Tuesday that they found a loaded nine mm pistol in Smith'south car after he was shot to death Saturday night. His wife, Racquel, also was shot in the leg and wounded.

Thompson also disputed reports that the Mercedes Smith was driving hit Hayes' Hummer before the shooting. He says Smith and his passengers drove far after slamming on their brakes behind the Hummer, believing they didn't hit the vehicle.

Hayes told police on the scene that he was the shooter, and officers said they also found a loaded revolver interior Hayes' vehicle. Smith had two other passengers in his vehicle Saturday night in addition to his wife, although neither was wounded.

"During the argument, Hayes produced a .45 caliber handgun and opened fire, striking Smith and his wife. Number one else was injured in the gunfire," police said in the statement.

"Hayes was on the scene when officers arrived and identified himself as the shooter. Detectives detained and questioned Hayes. Based on the interview and proof gathered from the scene, detectives arrested Hayes and booked him with Second Degree Murder. An extra charge for Smith'south wife'south injury is pending further investigation," the statement read.

Police have said Smith and his wife were driving in the Lower Garden District, an upscale portion of the city, when their Mercedes SUV was hit from behind by an orange Hummer driven by Hayes. The impact caused Smith to hit a grey Chevrolet Impala in which two friends of Smith were driving. Number one was injured in the Impala.

At some point, Hayes — who himself played defense in a semi-pro football league — and Smith exchanged words, and that'south when police declare Hayes pulled out a gun and opened fire, hitting Smith and his wife. Smith died with his door open, slumped over the driver's seat.

A defense attorney for Hayes, John Fuller, has insisted that Hayes will be vindicated once the full legend emerges, saying that someone "besides my client" was behaving in a threatening manner, although he hasn't said who: "My client has been pilloried, convicted and tried" in the news and on social media, he added.

Fuller said that Hayes was actually the victim of an earlier hit-and-run, that he'd called nine hundred eleven and was following the vehicle that hit him to read the license plate no moments before the confrontation with Smith.

Surveillance video from businesses in New Orleans' Lower Garden District shows what may have precipitated the deadly confrontation.

The surveillance video from Magazine Street, where the Smiths had eaten dinner at a Japanese restaurant earlier Saturday night, shows what appears to be Smith'south Mercedes SUV bumping the rear of a Hummer stopped on a busy street.

The Hummer then pulls over but the Mercedes, rather than stop to inspect for any damage, pulls around it and drives away. Video captured moments later by a camera at a neighborhood bar shows what appears to be the Mercedes driving by, followed closely by the Hummer. The shooting happened at an intersection just past the bar.

Hayes, twenty-eight, is being held on $1 million bond. Fuller said Tuesday that an April twenty-eight hearing during which prosecutors will have to characterize proof against Hayes has been set.

Meanwhile, the Saints and Smith'south family announced that a public visitation will be held Friday to honor Smith and that a private funeral and burial will be held Saturday.

Other questions stay about that night. Police haven't released the accounts of Racquel Smith, the passengers in the other cars, nor any other witnesses.

The news was tough on Smith'south many fans. Smith came to New Orleans from OH State where he was on the two thousand two national championship team, and quickly became a team leader. After retirement, he chose to stay in his adopted community, showing his commitment to the city as it recovered from Hurricane Katrina and supporting a foundation that helped women and children.

The Associated Press contributed to this report.

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