A new trial begins Monday for the man who fatally shot former New Orleans Saints star Will Smith nearly eight years ago.
Cardell Hayes, 36, maintains he shot Smith in self-defense during an April 2016 confrontation after a car crash. Smith died and his wife, Racquel Smith, was wounded by gunfire.
Hayes was convicted of manslaughter and attempted manslaughter several months after the shooting. But the jury voted 10-2 and the U.S. Supreme Court later said such convictions must be unanimous. He was released on bail after the conviction was overturned, having served more than four years of a 25-year sentence.
During his trial in December 2016, Hayes said he shot the former Saints star, hitting him once in the side and seven times in the back, only because he believed a drunk and belligerent Smith had retrieved a gun from his SUV. He insisted on the stand that he heard a “pop” before he started shooting and that he did not shoot Smith’s wife, who was hit in the legs.
Evidence showed that Smith was intoxicated at the time of the confrontation. But there was no witness or forensic evidence to support Hayes’ claim that Smith had handled or fired a weapon.
Hayes’ retrial has been postponed several times for various reasons, including the Covid-19 pandemic.
Smith, a 34-year-old father of three, was a defensive leader on the Saints team that lifted spirits in New Orleans after Hurricane Katrina devastated the city in 2005. He helped the team to a winning season in 2006 and a Super Bowl victory in 2010.
Hayes, who owned a tow truck company, once played semi-pro football and is the father of a young son.