A retrial was set to start Monday for the person who fatally shot former New Orleans Saints star Will Smith virtually eight years in the past.
Cardell Hayes, 36, has lengthy insisted he shot Smith in self-defense throughout an April 2016 confrontation after a automotive crash. Smith died and his spouse, Racquel Smith, was wounded by gunfire.
Hayes was convicted of manslaughter and tried manslaughter a number of months after the taking pictures. However the jury’s vote was 10-2 and the US Supreme Court docket later mentioned such convictions should be unanimous. He was launched on bond after the conviction was reversed, having served greater than 4 years of a 25-year sentence.
At his December 2016 trial, Hayes mentioned he fired on the former Saints star, hitting him as soon as within the aspect and 7 instances within the again, solely as a result of he believed a drunken and belligerent Smith had retrieved a gun from his SUV. He insisted on the stand that he heard a “pop” earlier than he began taking pictures and that he didn’t shoot at Smith’s spouse, who was hit within the legs.
Proof confirmed Smith was intoxicated on the time of the confrontation. However there was no witness or forensic proof to again up Hayes’s declare that Smith had wielded or fired a weapon.
Hayes’ retrial has been delayed a number of instances for a wide range of causes, together with the Covid-19 pandemic.
Smith, a 34-year-old father of three, was a defensive chief on the Saints workforce that lifted spirits in New Orleans after Hurricane Katrina devastated town in 2005. He helped carry the workforce to a profitable season in 2006 and a Tremendous Bowl victory in 2010.
Hayes, who owned a tow truck enterprise, as soon as performed semi-pro soccer and is the daddy of a younger son.