Cardell Hayes sentenced in killing of former New Orleans Saints player
NEW ORLEANS (WGNO) — Cardell Hayes, the man who was found guilty of manslaughter in the killing of former New Orleans Saints player Will Smith, has been sentenced to 25 years in prison with credit for time served.
Hayes’ retrial began earlier this year, on Monday, Jan. 22.
He was previously found guilty of killing Smith and wounding Smith’s wife in 2016, after admitting his actions were done in self-defense. However, his conviction was later thrown out because there was not a unanimous verdict.
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On Jan. 24, Smith’s wife, Raquel Smith, gave her testimony, in which she recalled how she and her husband were walking away when Hayes began shooting
“I don’t even know why he shot me or why he shot Will because their arguing, their bickering was done. It was over,” she testified.
She also said, “It was not necessary for this man to murder my husband. That argument was just an argument, and he murdered my husband, and he shot me in both of my legs. You don’t pull out a gun over your feelings. I’m insulted because my husband died over his feelings being hurt.”
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On Jan. 27, Hayes was found guilty of manslaughter with a firearm and not guilty of attempted manslaughter. The verdict was returned around 12 a.m.
FILE – Cardell Hayes enters Orleans Parish Criminal District Court in New Orleans, Sept. 20, 2023, for a hearing regarding his retrial for shooting former NFL star Will Smith. Hayes is scheduled for sentencing Thursday, April 25, 2024, in a New Orleans courtroom. (AP Photo/Gerald Herbert, File) FILE – New Orleans Saints defensive end Will Smith appears before an NFL football game against the New York Giants, Dec. 9, 2012, in East Rutherford, N.J. Cardell Hayes, the man who fatally shot the retired NFL star during a confrontation following a car crash in 2016, is scheduled for sentencing Thursday, April 25, 2024, in a New Orleans courtroom. (AP Photo/Bill Kostroun, File)
On April 25, a judge sentenced Hayes to 25 years in prison with credit for time served.
“We’re not giving up. We’re still fighting,” said Big Freedia.
After being found guilty of manslaughter for the road rage shooting of retired Saints star Will Smith in 2016, Hayes was sentenced to 25 years in prison. Hayes’ defense attorney, John Fuller says overall, Hayes is in good spirits.
“He is a very faith-based thinker. In that moment consistent with his throughout the entirety of the case he was respectful. He didn’t say a negative word or anything of that nature. He just basically told us to continue to fight for him,” said Fuller.
The defense raised concerns about the late-night deliberations and influences the case had on the jury, leading to a request for a new trial, which the judge denied.
The defense was also against the fire enhancement charge being added in what they called a “sneaky action.”
“They intentionally waited until the end of closing argument, prior to the judge reading the instruction that we all agreed on slid those instructions in at the back end which was completely unfair to Cardell,” said Fuller.
In a testimony statement, both families spoke about how this incident has changed their lives forever. The state emphasized that Hayes still hasn’t apologized for his wrongdoing, something the defense denies.
“He apologized to Racquel with tears streaming down his eyes 8 years ago. Rulings and statements by various parties stand for the fact what was good in 2017. He has apologized multiple times,” said Fuller.
Though Hayes will be credited for time served, Fuller said this fight is not over.
“At the end of the day, I’ll never be convinced that any jury knows beyond a shadow of a doubt that on that day Cardell Hayes didn’t feel for his life. No one can say that,” said Fuller.
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