Trial delayed for man who says he fatally shot ex-Saints star Will Smith in self-defense
NEW ORLEANS– The manslaughter retrial for the man who fatally shot New Orleans Saints star Will Smith nearly eight years ago was postponed Tuesday after an alternate juror dropped out.
Twelve jurors and two alternates were chosen Monday for the trial of Cardell Hayes, who has long insisted 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.
But on Tuesday morning, one of the alternate jurors said they could not participate in the trial because of an unspecified family matter, New Orleans news media reported.
Orleans Criminal Court Judge Camille Buras said the trial could not proceed with just one alternate juror, so instead of beginning opening statements, the prosecution and defense would choose a replacement alternate from a new group of 16 jurors. Depending on when jury selection was completed, opening arguments were expected to begin Tuesday afternoon or Wednesday.
New Orleans District Attorney Jason Williams said he was pleased with the diverse group of individuals chosen for the jury.
Racquel Smith sat in court Monday in a row behind Williams, who is leading the prosecution.
Hayes, 36, 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 at Smith, hitting him once in the side and seven times in the back, only because he believed a drunk and combative 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 and is the father of a teenage son.