How Will Smith's domestic abuse charge could help alleged killer

How Will Smith's domestic abuse charge could help alleged killer

A calm corruption allegation in 2011 adjoin Will Smith, the above NFL standout, could bolster the acknowledged altercation that Cardell Hayes acted in cocky aegis if he attempt and dead Smith Saturday night, said Shenequa Grey, a above Louisiana prosecutor and accepted law assistant at Southern University in Baton Rouge.

Grey told USA TODAY Sports that the adventure of abandon could be acclimated to altercate Smith was the aggressor afore Hayes attempt the above affiliate of the New Orleans Saints.

“That will be an issue,’’ Grey said Thursday, acquainted she has prosecuted cases of second-degree murder, which the New Orleans Police Department said Hayes, 28, committed if he dead Smith, 34. “We accept laws on that, as able-bodied in our affirmation code, that acquiesce for affirmation of the appearance of a victim to appear out in aegis cases. Particularly if you can appearance there was some advancing act at the time of the incident.’’

Smith, who played arresting accouterment for the Saints amid 2004 and 2013, was arrested in 2010 afterwards he allegedly affective his wife by the hair abreast a bistro in Lafayette and pulled her down the street, consistent in accessory injuries.

In 2011, a admirable board accusable Smith on abomination accuse of calm corruption array and accessible beatitude stemming from the incident. In 2012, the Lafayette Parish District Attorney's Office absolved the accuse afterwards Smith completed association account and alternate in counseling.

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But Grey said the adventure will abide accordant to Hayes’ case even admitting accuse were dismissed.

“It doesn’t accept to be a confidence in adjustment for that to appear in (as evidence),’’ she said.

Grey said affair of Smith’s appearance could be a key allotment of what she and added acknowledged experts accept articular as the broader affair — the abstraction of acceptable homicide.

The corresponding acknowledged cipher in Louisiana includes the alleged Stand Your Ground Law, which afflicted civic altercation in 2012 afterwards the cutting afterlife of Trayvon Martin, again 17, and the absolution of the killer, George Zimmerman.

As in that case, the affair of who was the “first aggressor’’ on the night Hayes dead Smith is abstraction up as key, experts say.

Surveillance video from businesses in the Lower Garden District shows what appears to be Hayes' Hummer H2 getting bumped by Smith's Mercedes SUV. Instead of stopping, the Mercedes pulls away. Moments after the cars are apparent blocks abroad area the cutting occurred.

“Obviously, you’re traveling to accept the actor wish to affirmation the victim was the aboriginal aggressor by the initital arrest incident,’’ Grey said. “That apparently will not be acceptable but that ability be the aboriginal allotment of the argument.’’

Police said they begin three weapons — the gun Hayes acclimated to annihilate Smith, a loaded gun in Smith’s car that was not accursed that night and addition gun in Hayes’ car. The accoutrements and video taken during the after-effects — during which a attestant appears to be talking about a exact barter Hayes and Smith — could be important to the altercation that Hayes acted in cocky defense.

“There are assemblage who were on the arena that heard one being say ‘I’ve got a gun’ and the added being say ‘I’ve got a gun too,’ " Grey said. "Now it’s a little cryptic appropriate now who said ‘I got a gun first.’ But bold the victim said it was and conceivably extensive for it, the actor could affirmation that at that time he analytic believed he was in crisis of accident his activity or accepting abundant actual harm.’’

She aswell acclaimed that Hayes attempt Smith eight times, seven in the back, according to a advocate apery Smith’s family.

“At the end of the day, he would still accept to appearance that the force he acclimated was reasonable,’’ Grey said. “You can alone use the bulk that is all-important to save yourself from danger.’’

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