A retrial was scheduled to begin Monday for the man who shot and killed retired New Orleans Saints star Will Smith nearly eight years ago.
Cardel Hayes, 36, has long maintained that he shot Smith in self-defense during a confrontation following an April 2016 car crash. Smith was killed and his wife, Raquel Smith, was also injured in the shooting.
Hayes was convicted of manslaughter and attempted manslaughter several months after the shooting. However, the jury vote was 10-2, and the U.S. Supreme Court later said such a conviction must be unanimous. After his conviction was vacated, he was released on bail after serving more than four years of a 25-year sentence.
At trial in December 2016, Hayes said he believed Smith, who was drunk and belligerent, had pulled a gun from his SUV, so he fired at Smith, hitting him once in the side and seven times in the back.
The suspect told the stand he heard a “pop” before firing and claimed he did not fire at Smith's wife, who was struck in the leg.
Evidence showed that Smith was intoxicated at the time of the crash. However, there were no witnesses or forensic evidence to support Hayes' claims that Smith used or fired a weapon.
Hayes' retrial has been postponed multiple times for a variety of reasons, including the coronavirus pandemic.
Smith, a 34-year-old father of three, revitalized New Orleans as the Saints' defensive leader after Hurricane Katrina devastated the city in 2005.
He led the team to a winning season in 2006 and helped them win the Super Bowl in 2010.
Mr. Hayes owns a tow truck business, is a former semi-pro football player, and is the father of a young son.
