NEW ORLEANS (WGNO) – Cardell Hayes’s defense team received valuable toxicology and autopsy reports from the prosecution Wednesday. Hayes is accused of murdering former Saint Will Smith after a traffic accident.
Those toxicology tests are reported to show that Smith was well over the legal limit for alcohol and was drunk during the fatal shooting.
“It means a lot. [Hayes’s attorney] John Fuller has created a narrative about this case. And the narrative is Cardell Hayes acted in self-defense,” legal analyst Craig Mordock told WGNO. “We don’t know what Will Smith’s actions were prior to him being shot by Cardell Hayes.
“The dispute is, was this shooting legally justified.”
Smith’s family and attorney spoke to the media Wednesday. They said the new toxicology information doesn’t change the fact that a man was shot 7 or 8 times.
“Nothing that’s happened change the fact or justifies that the person driving here crashed into Will Smith’s car. Then shot his wife who was standing there – a woman – twice – with a 45 caliber gun,” said attorney Peter Thomson. “Nothing changes or justifies that the driver shot Will Smith seven or eight times in the back. Nothing changes the fact that Will Smith and Raquel are victims. His children are the victims. The children have no father. Raquel has suffered.”
In court, Hayes’s lawyer made additional requests for security videos from Sake Café, Ruth’s Chris Steak House, and the Penthouse Club. Smith visited those places the night he died.
Fuller also called for a redacted final police report to be unredacted since it’s hard to read with all the censoring.
Another motion hearing is set for Friday, June 3, 2016.