Witness video reveals chaotic moments after Will Smith is shot - FOX 8 WVUE New Orleans News, Weather, Sports, Social

Witness video reveals chaotic moments after Will Smith is shot

Business surveillance still. (Source: NOPD) Business surveillance still. (Source: NOPD)
NEW ORLEANS, LA (WVUE) -

We're getting our first look at witness video from the scene of the Will Smith shooting used in court to convict Cardell Hayes.

The video was captured by David Dreiling, who testified at the trial that he was in the area trying to get food when the crash and shooting happened.

In the video, Cardell Hayes is seen leaning over his car with his head down before he tries to explain to Dreiling that he thought Smith was going for a gun.

FOX 8 legal analyst Joe Raspanti said the video was invaluable because it gave jurors insight into what was happening in the moments after the killing.

“Usually when you see those types of surreptitiously recorded videos, you can't see a lot, you can't hear a lot. That one was very clear, you could hear things, you could see who was saying those things, so in whatever way, it made an impact. I would assume it clearly had an impact,” Raspanti said.

In fact, because the video was captured right after the shooting, the statements Hayes and his passenger Kevin O’Neal made likely carry more legal weight.

“Usually what comes out of people's mouths in the law it says it's almost what’s called an excited utterance, possibly, which means it’s given more weight and more value because it was done in the moment and without the time for people to think about it and modify their statement,” Raspanti said.

Below is a transcript. Scroll to the bottom to see the video. Contains GRAPHIC LANGUAGE.

David Dreiling: (Witness) Alright so I heard nine caps, I was...I was right behind you guys. I just want to know who, I know he got shot.

Dreiling: You pulled the gun first?

Cardell Hayes (Shooter): He went for a gun, he charged me.

Kevin O'Neal (Hayes’ Passenger): Hold up, hold up, chill out, chill out, let me explain, look.

Hayes: All right.

Dreiling: Yessir.

O'Neal: The two white dudes with them...

Dreiling: That ran off.

O'Neal: They ran up.

Dreiling: Uh huh.

O'Neal: I grabbed one of them, big dude came, kept on approaching him aggressively. They, them two was about to get in a scrimmage. I grabbed one and two and I politely, all I did was this and...

Dreiling: Right, right, right.

O'Neal: ...and moved him back, I was like, chill.

Dreiling: You got out...

O'Neal: Don't rush, don't rush my partner.

Dreiling: Right.

O'Neal: Him...If him and him get into it...

Dreiling: Gotcha.

O'Neal: Don't do that, y'all three against two.

O'Neal: So then, they like, 'Man what you touch me for man?' Dude took his shirt off, all that, what you touched us...

Dreiling: White guy?

O'Neal: Yeah tattoos in his face.

Hayes: Tattoos man, you ain't 'bout that life...

O'Neal: You ain't bout this life. So look what I did, I said, 'Bruh, y'all chill out.' He went to the truck to go get his gun, I politely walked off the one with the tattoos came and rushed me. I did like that and backed him back. He fell because he was scared to begin with, then that's when they ran off...

Dreiling: Ran off..

O'Neal: ... and then I didn't even know nobody went for a gun.

Dreiling: So he had nothing to do with that, are y'all just behind that?

Hayes: No we was behind.

O'Neal: They ran into us on Magazine and tried to run away, they ran into the back of us first and tried to run away.

Dreiling: I hear you, so y'all weren't involved with this? They did that?

Hayes: My, I, I f*cking run into the back of them and they said, 'Whoa, whoa.'

Dreiling: Leave that sh*t right there bro.

Hayes: That's why I left it there.

Dreiling: Smart, smart.

Hayes: That's why I left it there.

Dreiling: Because you know they're gonna be up here in a second, they're gonna be here in a second, you're gonna, nah, you don't....

Hayes: They gonna try to take me and all that sh*t. Black guy bruh, this sh*t crazy dog.

Dreiling: That's why we're here.

Hayes: Right, I know it's just a bad thing, I kept asking him... I kept asking him.

[VIDEO ENDS]

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