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Opening statements start on day two of retrial of Cardell Hayes in New Orleans

Disclaimer: All persons are presumed innocent until proven guilty.

NEW ORLEANS (WGNO) — The second day of Cardell Hayes’ retrial began on Tuesday, Jan. 23.

Opening statements were delayed after Judge Camille Buras announced two alternate jurors were dismissed from their duties. One of the two alternates chosen Monday had an issue at home and was excused from service.

A pool of 16 potential jurors were brought into the courtroom and interviewed until two more alternates were chosen.

Opening statements began around 2 p.m. The prosecution advised the jury that they will have to decide if all four pillars of self-defense were present and if Hayes was justified in the shooting of former Saints player Will Smith, who died in the shooting, and his wife, Raquel, who survived.

The shooting happened during a road rage incident in April of 2016.

The defense focused on how Hayes acted leading up to and following the events, as well as his intent and claim of self-defense.

Video recordings from the night of the incident, New Orleans Police Department body camera footage and audio recordings from the night of the shooting were presented to the jury.

A former NOPD officer, former NOPD investigator and custodian took the witness stand.

Christopher McGaw, a former NOPD officer, was off duty the night of the incident but was in the area when the crash took place.

“When I started hearing things get worse I decided, I need to get involved in this before it goes completely off the rails,” McGaw testified. “I pulled out my phone called 911. When I was walking up the street, I heard gunfire and ducked into an alley. I have not engaged in that level of emotional intensity in a minute, it was surprising to me.”

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