Witness Claims Will Smith Said, "I have a gun" and Cardell Hayes Said, "I've got one too" and Shot the Former Saints Player

In the days since former Saints defensive end Will Smith was shot and killed in New Orleans, there have been insinuations from attorneys representing the shooter, Cardell Hayes, and his passenger, Kevin Oneale, that Hayes was acting in self-defense. Hayes is facing charges of second degree murder.

On Tuesday, Oneale’s attorney Tanzanike Ruffin gave this statement to NBC affiliate WDSU: “My client believes that Cardell saved his life.” Ruffin said. “Smith had a gun and was going to shoot it and Cardell may have saved both of their lives … in my mind this is justifiable homicide. Was Will Smith acting like a Saint? This was a hit-and-run that ended up in a tragedy. You’ve got the aggression of two football players, facing off with each other as if they are on the field and you are going to get your point across by any means necessary.”

Hayes’ attorney, John Fuller, turned the case over to another lawyer at his firm, Jay Daniels, because he has been appointed to serve as a judge in criminal court from May until November and is not permitted to represent clients during that term.

Before turning the case over, Fuller called for toxicology tests and claimed that Hayes was “not the aggressor.” The Washington Post relayed this account from a witness in a video posted by Nola.com:

"A witness can be heard describing the incident, which began after a Hummer driven by Cardell Hayes rear-ended Smith’s Mercedes and the drivers of the two cars exchanged words. The witness relates, “I guess this guy was like, ‘Get out of here or I have a gun.’ And he goes, ‘[Expletive] y’all, I’ve got one, too.’ And he grabs the gun and then he shoots him in the back – dead.”"

Surveillance video has also emerged of the supposed hit-and-run (though the video has not been confirmed, it matches the descriptions of Smith’s Mercedes and Hayes’ Hummer):

In it, you can see Hayes’ purported vehicle abruptly stop in the middle of the street; Smith’s purported vehicle bumps it, stops for a second, and then drives off as the Hummer pulled over. The shooting occurred soon thereafter.

It remains unknown one way or the other whether Hayes was motivated to have a confrontation with Smith; Smith had dined earlier that night with Bill Ceravolo, a former New Orleans cop who was a defendant in a lawsuit brought against the city by Hayes in the 2005 shooting death of his father. The suit was settled in 2011 for an undisclosed “large” sum.

Ultimately, the court will have to sift through all available evidence and testimony, and this is likely not a case that will be resolved quickly. Whether or not a motive is established and/or Hayes is convicted, the loss of Smith to his family, former teammates, and community is profoundly sad.