A surveillance video released Monday is providing a little more information about happened prior to the shooting death of former New Orleans Saints defensive back Will Smith on Saturday night.
The video shows the man who allegedly shot Smith, Cardell Hayes, being followed down a New Orleans street by Smith’s Mercedes SUV. The Hummer is seen stopping abruptly and being hit from behind by the Mercedes.
Hayes begins to move his car to the side of the road when the Mercedes speeds up and goes around the Hummer. The Hummer is then seen taking off after the white Mercedes. According to the New Orleans TV station posting the video, the accident happened about a block-and-a-half from where Smith and his wife were shot after a confrontation with Hayes. The shooting happened in the Lower Garden District of the city.
Hayes’ attorney at the time, John Fuller, said Monday that his client had been involved in a hit-and-run accident and was following the car that had hit him prior to the confrontation with Smith.
“Prior to the actions that led to Mr. Smith’s death, my client was involved in a hit and run,” Fuller said. “Someone hit him. The person failed to pull over. My client trailed behind this person in an effort to get their license plate number. My client also called 911.”
Fuller went on to point out that not only did Hayes stay at the scene of the shooting -- despite having nearly five minutes in which he could have left before police arrived -- but that he asked a witness who was about to the leave the area to remain until the police could get there.
Hayes, 28, was arrested and charged with second-degree murder. Fuller, who is no longer Hayes’ attorney because he is to start a new job as a judge soon, said Hayes would plead not guilty because he was threatened by the presence of a second gun at the scene.
“It would be safe to say that not only did my client feel threatened but citizens that were out there in that block felt threatened as well and I think the unearthing of a second gun will lend itself to the defense of Mr. Hayes," Fuller said.
New Orleans police say they have not recovered a second gun at the scene.
Ironically, Smith had just finished having dinner with New Orleans Police officer John Ceravolo prior to the shooting. Ceravolo was one of five officers sued by Hayes after he was involved in an incident that ended with police shooting and killing Hayes' father. Hayes won an undisclosed settlement following the 2005 incident.
Fuller says Hayes had no way of knowing Smith and Ceravolo had been dining together and that Hayes had never met Smith.
Smith, 34, was drafted by the Saints in 2004 and played nine seasons with the team. Smith’s former coach, Sean Payton, spoke out Monday on the culture of gun violence in New Orleans, saying he did not understand why everyone felt that they needed to carry a weapon.
"I hate guns," the Saints head coach told USA Today. "I find myself leaning to the right on some issues. But on this issue, I can't wrap my brain around it."
Another video released by NOLA.com on Monday showed the aftermath of the shooting where you can hear the voice of Racquel Smith, wife of Will Smith, screaming that she has been shot in the leg.
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