Cardell Hayes files for appeal after 2016 shooting of Will Smith and following manslaughter convicti
April 9, 2016. Police give their account of a case of road rage turned deadly. According to New Orleans Police, a vehicle crash was followed by a heated exchange between one Cardell Hayes and retired New Orleans Saints defensive end Will Smith. This ended with eight bullets in Smith’s back and handcuffs on Hayes’ wrists. Cardell Hayes was convicted of manslaughter and attempted manslaughter (due to Smith’s wife having been shot in both legs) in December of 2016.
Hayes’ filed an appeal Thursday, February 15th of this year, to Louisiana’s 4th Circuit Court of appeal. He argued that his conviction should be overturned and his sentence should be removed because Orleans Parish District Attorney’s office could not prove beyond a reasonable doubt that Hayes did not react in self-defense by discharging his weapon into Smith’s back. In the appeal, Hayes claims that Smith fired his gun first.
The problem with this is that gunshot residue experts who were brought in to testify say that there were small amounts of residue on Smith, but that probably came from Hayes’ gun when he shot him.
District Attorney Leon Cannizzaro said in his prepared statement: "The falsehoods within this appeal make only one thing clear: That Cardell Hayes has yet to accept the consequences of his rash decision to open fire on an innocent couple, and thus has yet to begin the rehabilitation necessary to one day return as a responsible and law-abiding member of our community” (Lane, 2018).
Will Smith was 34 when he was killed. He was a national champion at Ohio State in 2002 and a Super Bowl champion eight years later in 2010. He was a defensive leader for the New Orleans Saints and lifted his city’s spirits after the devastation caused by Hurricane Katrina in 2005. He helped carry his team to a winning season in 2006 and four years later victory at Super Bowl XLIV (ESPN, 2018)
Will Smith was charged in 2010 with domestic battery after he allegedly grabbed his wife’s hair and began to pull her down the street. He was intoxicated (Chang, 2010). Paul Barker, Hayes’ attorney, wrote in the appeal that he, Hayes, should have received a new trial because a witness who contacted Barker the day after the conviction claimed to have heard two guns, which gave support to Hayes’ claim of self-defense. Hayes’ lawyers argued that he only fired his gun because Smith was drunk and violent and grabbed his gun. This argument could have been backed up if the judge had allowed testimony from this 2010 arrest, which shows that Smith does get violent when intoxicated (ESPN, 2018).
It is unsure at the moment what the outcome of this appeal will be. Only time will tell.
Hayes was a 28-year-old tow truck driver. He is currently serving his 25 year sentence for the killing of Will Smith. He is expected to be released in 2037 with good behavior (Sledge, 2018).
Chang, C. (2010, Nov 27th). New Orleans Saints defensive end Will Smith arrested on domestic battery charge. The Times-Picayune. Retrieved from http://www.nola.com/saints/index.ssf/2010/11/will_smith_arrested_on_domesti.html
ESPN. (2018, Feb 16th). Cardell Hayes, man convicted in Will Smith death, files appeal. ESPN.com. Retrieved from http://www.espn.com/nfl/story/_/id/22467634/cardell-hayes-man-convicted-smith-death-files-appeal.
Lane, E. (2018, Feb 16th). Cardell Hayes again claims self-defense in Will Smith shooting death: appeal. The Times-Picayune. Retrieved from http://www.nola.com/crime/index.ssf/2018/02/cardell_hayes_self_defense_wil.html.
Sledge, M. (2018, Feb 15th). Cardell Hayes asks appeals court to overturn convictions in killing of ex-Saints player Will Smith. The New Orleans Advocate. Retrieved from http://www.theadvocate.com/new_orleans/news/courts/article_9c662bd4-11d4-11e8-a185-e3bc9993e7f2.html
