Cardell Hayes sentenced in death of former Saints standout Will Smith
- Author: Julie Sanders Apr 24, 2017,
Apr 24, 2017, 21:54
Hayes was convicted on both counts with a 10-2 vote after a six-hour jury deliberation back in December, while he was acquitted of a second-degree murder charge.
"If he was sentenced to 60 years, he probably could have died in jail".
Hayes' attorneys, John Fuller and Jay Daniels, will nearly certainly move to quash the charge, which is tentatively set for trial June 26, arguing that it would amount to "double jeopardy", violating constitutional protections against being prosecuted twice on the same set of facts, said criminal defense lawyer Craig Mordock, a former Orleans prosecutor.
Tiffany Lacroix, the mother of Hayes' son, also cried on the stand and said her son still struggles to understand why "daddy couldn't bring him to school".
As we previously reported, the New Orleans Saints star was shot and killed by Hayes after a road rage incident on April 9, 2016. Some say it's not enough - he can still father children & be a grandfather.
"I will continue to shine my light for my Superman".
Surveillance footage from the scene appeared to show Smith's Mercedes SUV bump the rear of Hayes' Hummer before speeding off. Moments later, according to authorities, Hayes' Hummer hit the rear of Smith's vehicle, causing it to crash into a third auto.
"That's what I fear most for my son, not to be there for him", Hayes said, fighting through tears.
Hayes followed them, and slammed into Smith's SUV.
Smith spent nine years in the National Football League, most of which were spent with the New Orleans Saints from 2004-13.
"I did not stand over Will and pump seven shots into his back like you said", Hayes told Napoli. Daniel is urging the judge to give less than the minimum if she feels it's excessive.
Hayes faced the possibility of a maximum 60-year sentence, but was hit with a shorter punishment.
He was drafted in the first round of the 2004 NFL Draft by the Saints out of Ohio State University.
"Both the district attorney and the Smith family are disappointed in the length of the sentence", said assistant district attorney Christopher Bowman. Judge Buras dismissed the motion.
Testimony ahead of the sentence has been emotional.
Racquel Smith was not happy with the sentence. Their ability to convey the facts of the case while also caring so deeply about justice for Will and my family is something I will never forget.
Henry Jolly, a friend of Cardell Hayes was next to testify.
Hayes denied saying Smith deserved to be shot. Prosecutors countered that the defence was trying to smear Smith.
Judge Camille Buras ordered the sentences be served concurrently.
Retired New Orleans Police Department Capt. William "Billy" Ceravolo has ruled out filing a ...
She called Hayes a good man who "never ran to or looked for any kind of trouble". Hayes, who killed former New Orleans Saints star Will Smith in an argument following a traffic c.
According to the Associated Press, Hayes said he was acting in self-defense, and that Smith had pointed a gun at him.
"I would be very surprised if this case ever went to trial", Foret said.
A judge is expected to announce the sentence Friday.