Expert: Self Defense Will Be Hard To Prove In Will Smith Case
You'd like to think that things just got a little out of hand. You'd like to think it was just an argument that got too heated at the wrong time. You'd like to think all that but the fact is a man is dead at the hands of another man.
The deceased is former New Orleans Saints defensive stand out Will Smith. The man accused of shooting and killing him is Cardell Hayes. The facts in the case are still being sorted out by authorities. However, if preliminary information is found to be true. The argument that Hayes was protecting himself against Smith might have trouble standing up to the scrutiny of the legal system.
That's the opinion of legal analyst Chick Foret. Foret spoke to the Louisiana Radio Network about the facts in the case that have been released so far. He says one of the unknowns at this time is what eyewitnesses to the incident saw and heard.
There were several witnesses in this homicide that can perhaps give snapshots of the actions of both parties so that maybe the police can piece this together.
So far authorities in law enforcement are classifying the shooting as a road rage incident. Attorney's for Hayes suggest the case is more complex than that. Still a legal defense based on self defense might be a tough position for Hayes' legal team to uphold. According to Foret,
You’ve got to show that you were in imminent danger and that it was necessary to kill the person in order to have justifiable homicide. So I think that’s going to be tough for the defendant in this case.
Foret suggested that if perhaps Smith, the deceased, had a weapon or brandished a weapon then a self defense argument might have more validity. The facts have not been public regarding that particular issue.
Another aspect of the forensic facts concerning the case is how Smith was gunned down.
The forensics indicated that Will Smith was shot in the torso and in the back. So at first glance that’s terrible for the defendant.
Hayes remains incarcerated on one million dollars bond. The investigation is still ongoing.