Peter Thomson, in a statement Thursday, said the Smith family remains confident that once a jury hears all the evidence, Hayes will be convicted and justice will be served.
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The shooter – Cardell Hayes – has admitted to shooting Smith during the April 9th incident in New Orleans. but has said he felt his life was in danger after a road rage argument because Smith was going to get his gun. But almost three weeks after the high profile incident, prosecutors had yet to charge Hayes in her shooting, choosing instead to allow the grand jury to determine whether to charge him.
As soon as a grand jury handed down the indictment, an assistant district attorney rushed to a separate courtroom to interrupt testimony that had begun in a preliminary hearing to determine whether the state had probable cause to charge Hayes with murder. Fuller wanted it to continue so Olasky could finish testifying about a person who claimed to witness a former New Orleans police officer named William Ceravolo taking a firearm out of Smith’s Mercedes SUV.
Hayes’ attorneys have insisted he was not the aggressor, but rather a victim of a hit-and-run the night Smith was shot.
Police say a loaded gun was found in Smith’s vehicle.
His bond has been set at 1.75 million dollars and a motion date has been set for June 3rd.
Cardell Hayes, the suspect arrested in connection with the fatal shooting of former New Orleans Saints star Will Smith, was indicted Thursday. He was also charged with second-degree attempted murder of Smith’s wife, Racquel. Hayes has been jailed since the shooting.
Magistrate Harry Cantrell looked into the matter during a pause in the hearing.
Hayes’ attorney John Fuller accused prosecutors of trying to take Hayes to a grand jury proceeding when they knew that Fuller and his co-counsel would be in court on other matters. He says they were trying to “jam an indictment down our throats”.
The prosecution did not call any witnesses but used the arrest report as evidence.
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John Fuller, one of Hayes’ attorneys, was upset by the day’s events, including what he said was the unprecedented act of announcing an indictment during a preliminary hearing.
