I believe more of this story will continue to be leaked out. Was a gun found on Smith or in his vehicle?

 

Will Smith death: Questions over what started fight - CNN.com

 

A second gun at the scene?

 

No doubt, the stature of Smith and the Saints has focused the region's attention on his killing, more than other homicides in New Orleans over the years.

But Fuller, the lawyer representing Hayes, urged people -- even if they care passionately about this case -- not to jump to conclusions.

"Whether the victim is famous, infamous, popular, unpopular, black, white, Catholic, Baptist, the law applies equally to everyone," he said. "If the law is applied fairly in this case, I think the results are going to surprise a lot of folks."

Fuller hinted that toxicology tests, results of which should come back in about six weeks, will "absolutely" be key to his client's case. He also suggested Hayes wasn't the only one with a gun; in fact, in a video obtained by CNN, a witness says someone else there claimed to have a gun before the shooting.

"We have reason to believe that there may have been a second gun on the scene," the lawyer said. "And there definitely were allusions to a second gun."

But New Orleans Police Superintendent Michael Harrison said Sunday that police "only confiscated one firearm from the scene" -- the one "that we believe was used in the shooting."

He added that investigators could learn more on that question. Still, whatever comes of their probe, Harrison called the incident a sad one for his city and those involved.

I'd be curious to see the wording of Louisiana laws. An attorney send me KY's wording and it could be argued that the threat of "I'm getting my gun" may qualify as a defense.

I'd be curious to see the wording of Louisiana laws. An attorney send me KY's wording and it could be argued that the threat of "I'm getting my gun" may qualify as a defense.

 

If somebody says "I'm getting my gun", shooting that person would not be justified because there is no threat of imminent force.

It was a hit and run Smith rearend the guy and tried driving off.

This is exactly why he can still claim self-defense, IMO. He can claim that Smith was going back to his car to get his gun, and will a very limited means of protecting himself, he shot and killed Smith.

 

Perhaps, but why does the wife get shot then?

I'd be curious to see the wording of Louisiana laws. An attorney send me KY's wording and it could be argued that the threat of "I'm getting my gun" may qualify as a defense.

 

Depends on the totality of the circumstances. Did the other guy pull a gun first? Did Smith threaten him before that? Etc

If somebody says "I'm getting my gun", shooting that person would not be justified because there is no threat of imminent force.

 

Saying it is not, making a move to the car could be perceived as such

Perhaps, but why does the wife get shot then?

 

Great question, and another reason that I feel this is murder and attempted murder.

Cops state they found a loaded 9mm in Smith's car after serving a search warrant today.

Perhaps, but why does the wife get shot then?

 

Maybe a stray bullet? She was shot in the leg. He was shot 6 times in the chest area.

Cops state they found a loaded 9mm in Smith's car after serving a search warrant today.

 

Interesting. The back story of all of this makes it seem premeditated but it's seeming more and more calculated. It could be coincidence but I dunno. Just a lot moving parts in this one.

I am curious as to why the shooter was driving a hummer? Seems to me that there is more to this story. The alleged shooter called 911 and waited for the police to arrive. But how can he claim self defense if smith was shot in the back and the shooter also shot his wife?

 

What does this mean or why does it matter?

It will be interesting. Is someone claiming they had a gun without one actually seeing the gun justification for self-defense?

 

I'd say yes. Much like it is considered a threat if one says 'I'm going to kill you".

Not sure I'd want to be on trail for that as my defense though.

Taking an objective look at this and from what I have read and seen here is my take.

 

It appears Hayes brake checked Smith for possibly traveling too closely to the Hummer causing a possibly inebriated Smith to bump his car. Smith, if inebriated likely didnt want the police to be involved or to cause a scene there so he took off. Hayes, likely ticked off takes off after him.

 

Smith likely sees the Hummer in pursuit and stops his car to approach Hayes' Hummer. Once he does this and an argument starts he likely says per witness accounts that he has a gun and is going to get it. Hayes, possibly fearing for his own life decides to take matters into his own hands and approaches Smith's car while he is half in/half out reaching for a weapon. Hayes unloads 6 shots into his chest and 2 other shots likely miss hitting his wife in the passenger side.

 

This is likely how it happened but its all conjecture until ballistics/toxicology reports come back as well as witness statements are collected.

^ Makes sense Q.

 

And Peyton went on a rant about guns being bad that even the White House took notice of. Only thing is, an argument may be able to be made that in this case a gun saved the perpetrators life.

 

Either way, based on what we know now this is not the case for Anti-Gun Advocates to hold onto.