NEW ORLEANS, LA (WVUE) - Cardell Hayes appeared before a magistrate judge who signed a motion Monday to preserve all ballistic evidence from the shooting scene where former Saints player Will Smith was killed.
"Not only did my client feel threatened, but citizens that were out there in that block felt threatened, as well," said Hayes' attorney, John Fuller. "Everything that I've learned from the various witnesses that I've talked to are consistent with the fact that this was not, my client hunted down Mr. Smith."
Fuller's assertions haven't yet been addressed by the NOPD. On Sunday, NOPD Supt. Michael Harrison, said, "We only confiscated one firearm from the scene."
But Fuller believes that Harrison saying only one gun was confiscated from the scene is very different from saying only one gun was present on the scene.
"Once everything becomes apparent, you'll see why I'm saying my client, legally speaking, is not guilty of second-degree murder," Fuller said.
Smith was shot in the back and torso and found slumped over his steering wheel. His wife, Racquel, was shot in the leg.
To Joe Raspanti, FOX 8's legal analyst, Fuller's comments are an attempt to explain his client's alleged actions.
"His only defense is that he felt threatened that he was going to be killed or have great bodily harm done to him, and that the only way he could stop it is by using deadly force, and just about the only way that's going to be is if the other person has a gun," Raspanti said.
Fuller requested, and was granted by a magistrate judge, a motion to preserve all ballistic evidence from the scene. It's a move Raspanti thinks is smart.
"We want comparisons made of the spent casings to all of the guns," Fuller said.
When asked if he believes another weapon was fired on the scene, Fuller responded, "When we do the ballistic testing, we're going to know whether another weapon was fired."
Raspanti adds, "The more bullets that are fired, and the angles which they're fired, whether it's fired inside a vehicle or not, is going to impact this case more than anything else."