The man accused of fatally shooting former National Football League player Will Smith in New Orleans earlier this month has been indicted on a second-degree murder charge.
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Twenty-four witnesses – including Smith’s former teammate Pierre Thomas – were subpoenaed for the hearing by Hayes’ attorneys, John Fuller and Jay Daniels.
Cardell Hayes was also indicted for attempted second-degree murder of Smith’s wife, Racquel, who was shot in the leg on April 9, the day Smith died.
The shooting occurred in early April, following a vehicle accident involving Hayes, Smith, 34, and his wife Racquel, who was also shot.
According to CNN, while the family is content with today’s proceedings in court, one of Hayes’ lawyers, John Fuller, was upset, as he told reporters that it’s almost unheard of to announce an indictment during a preliminary hearing.
It is anticipated that Hayes’ attorneys will use the “stand your ground” law as their defense and will question what Smith was doing with a weapon in his auto. At the same time, his lawyer was tied up in court on other cases, and a grand jury was meeting to decide whether Hayes should be charged.
Thursday’s session included a tense courtroom exchange in which Hayes’ attorneys sparred with prosecutors, accusing them of rushing the indictment to cut short the preliminary hearing.
The coroner’s report said Smith was shot eight times, seven times in the back and once in the left side of his chest.
Defense attorney John Fuller said he’s never seen an indictment happen so fast. Police said they retrieved a second gun that was not used in his Hummer.
“The Smith family is pleased, though not surprised, that the grand jury has returned an indictment for the second degree murder of Will Smith and attempted murder of his wife Racquel”, attorney Peter Thomson said in a statement.
Will Smith played for the New Orleans Saints for a decade and was a prominent member of the team during their Super Bowl victory in 2010. The two men got into a verbal altercation while Racquel pleaded with Hayes to stop. He is being held on $1.75 million bond.
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That came after the judge for the preliminary hearing sent the case up one floor at Orleans Parish Criminal District Court to Judge Camille Buras’ court. An EMS technician who responded testified during Thursday’s hearing that Hayes’ demeanor was “very calm”.
