The Saints disclosed that Smith was voted as Saints Hall of Fame last month.
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He and his wife have three children – Wynter, William and Lisa.
Fuller, says says his client was not the aggressor in the incident, that somehow escalated into Smith, being shot in the back and torso. Conviction on that charge would bring an automatic life sentence.
According to ABC News, Smith was in the vehicle with his wife and was rear-ended by a man now identified as 28-year-old Cardel Hayes.
The accident that police said touched off the deadly confrontation was the second within moments, defense attorney John Fuller explained outside the courthouse. Shortly before he was killed, Smith was posting photos from New Orleans’ French Quarter on social media and in his last comment tweeted, “Having a blast”.
But Superintendent Michael Harrison says he can not say whether that played any part in the crash and shooting. “She is out of surgery and doing well, and that’s the highlight of today”, he said.
Harrison says that so far, it appears just to be an accident turned violent.
A Hummer H2 rear-ended Smith’s Mercedes-Benz SUV, Barnes said, causing Smith’s vehicle to rear-end another auto, driven by one of his friends. The suit was settled in 2011. Spears said he no longer represented Hayes.
Hayes attended high school in New Orleans.
According to the lawsuit, several people told the officers that Antonio Hayes had a history of mental illness. This is not the first time that he has been in trouble with the law.
“At some point, the 30-year-old male driver of the Hummer and Smith exchanged words”, New Orleans Police said in a statement.
“We ask that you continue to respect the family’s privacy as they grieve the loss of a devoted husband, father and friend”, the statement said.
He led them with a career-high 13 sacks in 2009, when the club won its only Super Bowl.
The event, which was often held at the Saints practice facility, included a holiday meal, Christmas gifts from Santa Claus and a tour of the facility.
Cardell Hayes has been charged with the murder. His wife Racquel, was hit in the leg and hospitalized.
Flags were flying at half-staff at the Saints’ practice facility in Metairie, and a makeshift memorial had been erected at the scene where Smith was shot and killed after a traffic incident late Saturday night in New Orleans’ lower Garden District.
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Born in Queens on July 4, 1981, Smith lived in the borough until he was four, when he moved to Utica, NY to live with his grandmother after his mother died of breast cancer.
