METAIRE, LA - CIRCA 2011: In this handout image provided by the NFL, Will Smith of the New Orleans Saints poses for his NFL headshot circa 2011 in Metairie, Louisiana. (Photo by NFL via Getty Images)
John Fuller, attorney for Cardell Hayes, the man who is alleged to have killed former New Orleans Saints defensive lineman Will Smith, believes his case got stronger with the revelation that Smith’s blood-alcohol content was three times the Louisiana limit for intoxication.
Former New Orleans Saints defensive end Will Smith, whom was shot “seven to eight times” before being found dead and slumped over in the driver’s seat of his Mercedes SUV April 9, had a blood-alcohol level nearly three times the legal limit on the night he was gunned down by alleged shooter Cardell Hayes, according to NOLA.com.
The results of both Hayes’ and Smith’s toxicology reports have not yet been made public, but the New Orleans website, citing “sources,” reported early Wednesday afternoon that Smith’s BAC was .24. Louisiana, like many other states in the U.S., holds the threshold for impairment at .08 BAC.
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The news will likely bolster a self-defense case for Hayes and attorney Fuller, whom has maintained from the night of the incident that people following the story need to wait for the facts to be unfurled before jumping to conclusions about his client.
“(Hayes) was the victim of a hit-and-run,” Fuller said told local station WDSU, one day after the incident. “(Hayes) was trying to make out the license plate of the vehicle before he became involved in a deadly situation.”
Fuller seemed to appear somewhat vindicated by the news that Smith was intoxicated, but that isn’t how Smith’s attorney read it.
“Nothing that happened changes the fact or justifies the fact that (Hayes) crashed into the back of Will Smith’s car, then shot his wife Racquel, who was just standing there, twice with a .45-caliber handgun, almost killing her,” said Peter Thompson, the attorney for the Smith family.
“And nothing changes the fact or justifies the fact that the same person shot Will Smith seven or eight times in the back and murdered him.”
In a “Stand Your Ground” state like Louisiana, a person can lawfully shoot someone in the event that the shooter’s defense team can prove that its client felt threatened. The law states that individuals are permitted to stand their ground in circumstances where they reasonably believe that it will “prevent death or great bodily harm.”
Fuller responded to Thompson’s comments in a matter-of-fact fashion.
“Only right that the jury know the state of mind of all parties,” Fuller said.
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