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NEW: Suspect's attorney suggests someone else at the scene may have had a gun
Suspect Cardell Hayes called 911, secured a witness, waited on police, his attorney says
Hayes is charged with murder, accused of shooting Will Smith after a traffic altercation
CNN
—
Cardell Hayes did not know former New Orleans Saint Will Smith, and he was not the aggressor in the quarrel that ended with Smith dead in the street and Hayes charged with murder, an attorney for Hayes told reporters.
Hayes was the victim of a hit-and-run before his altercation with Smith, lawyer John Fuller said in remarks aired by CNN affiliate WDSU. The person who hit him sped off, and Hayes was trying to make out the license plate of the vehicle before he became involved in the deadly situation with the former NFL star.
According to police, Smith and his wife were in a Mercedes G63 SUV late Saturday when Hayes rear-ended them in his Hummer H2, causing the Benz to hit a Chevrolet Impala carrying some of Smith’s acquaintances.
Smith and Hayes “exchanged words” before Hayes shot the former New Orleans Saints defensive captain multiple times and shot Smith’s wife in the right leg, police said. Hayes now stands charged with second-degree murder.
But questions about the high-profile case seem to be growing as quickly as the makeshift memorial near the crash site, where grieving fans of the former NFL player are leaving helmets, jerseys and signs.
Attorney: Hayes ‘a lot nicer than he appears’
Fuller says his client’s actions tell a story that’s different from the police account of what happened that night. Hayes called 911 before the shooting, secured a witness who was leaving the scene, and remained at the scene after the shooting until authorities arrived, Fuller said. Police have said they took 4 minutes to reach the scene.
“Now, tell me if that’s the behavior that’s consistent with someone who’s an animal out here looking for blood,” he said. “His actions are totally consistent with someone that is complying with a police investigation.”
Fuller further described Hayes as soft-spoken, easily approachable and “a lot nicer than he appears.”
Dispatch audio from Saturday night shows that police and paramedics were dispatched to the scene after someone called 911 to report “there’s a male down with about six gun wounds to the chest.”
The dispatcher asks for a description of the shooter, and a responding officer says he thinks the shooter is on the scene and the gun has been recovered. The officer later reports that two black males are in custody, with the firearm.
Cardell Hayes is charged with second-degree murder, police say.
Orleans Parish Sheriff's Office
Though he didn’t provide some details about his client’s actions – he either couldn’t or wouldn’t say whether Hayes accuses Smith of committing the hit-and-run – Fuller said the narrative that police have provided the media is not accurate.
“Whether the victim is famous, infamous, popular, unpopular, black, white, Catholic, Baptists, the law applies equally to everyone,” he said. “If the law is applied fairly in this case, I think the results are going to surprise a lot of folks.”
If toxicology tests are conducted “honestly,” Fuller said, they will “absolutely” play a key factor in his client’s case. He did not elaborate. Police have said toxicology reports won’t come back for six weeks.
Fuller also suggested someone else at the scene may have been armed.
“Based on information that I have received today via a video from that night, we have reason to believe that there may have been a second gun on the scene, and there definitely were allusions to a second gun,” he told reporters.
A video obtained by CNN of the scene after the crash includes a witness account saying someone else at the scene claimed to have a gun before the shooting.
Police have said they recovered one weapon from the scene.
A night out in New Orleans
Smith was at the French Quarter Fest earlier in the day before having dinner at the Sake Cafe with his wife, a former teammate, a former New Orleans police officer and a sports agent, restaurant general manager Dave Matherne said. They left the restaurant around 11:15 p.m., he said.
“You could hear them laughing at the table,” Matherne said. “It seemed they were having a really good time.”
In the strangest of twists – and one that police say they are considering in their investigation – the ex-police officer who was at Sake Cafe, Billy Ceravolo, was named in a lawsuit that Hayes filed a decade ago after officers with the New Orleans Police Department killed his father.
Ceravolo, who was not accused of shooting Hayes’ dad, responded in court that Anthony Hayes tried to stab him and he feared for his life, as did other officers, who opened fire. The case was settled in 2011 for an undisclosed sum.
Fuller brushed it off as coincidence and questioned how Hayes could have possibly known Smith had been at dinner with Ceravolo. New Orleans Police Department Superintendent Michael Harrison, too, said there’s no indication that any of this played a factor in Saturday’s shooting, though investigators are working to make sure that’s the case.
Hayes is being held in New Orleans Central Lockup on a $1 million bond, according to police and jail records.
Hayes a football player, too
Saturday was not Hayes’ first run-in with the law. He was arrested in 2010 for codeine possession, illegally carrying a gun and possession of drug paraphernalia.
He pleaded guilty in June 2012 and was sentenced to five years, and it was suspended. The next month, he withdrew his guilty plea and showed up in court in September 2012 with Fuller as his attorney, according to Orleans Parish Sheriff’s Office records.
In June 2013, Hayes rejected a plea deal, the records show, and in January 2014, he pleaded guilty to weapon and drug paraphernalia charges, and he received two six-month suspended sentences, the court records indicate.
Hayes attended high school in New Orleans. He was a standout defensive tackle at Warren Easton Charter High School and, at 6-foot-3, 260 pounds, was considered one of the state’s top recruits. It’s unclear whether he went on to play college football or if he knew Smith through football.
At the time of the shooting, Hayes played for the Crescent City Kings of the Gridiron Developmental League, a pro league based out of Memphis, Tennessee. It appears he did not play much in 2015, as the stat sheet on the team website says he had only 10 tackles.
The team issued a statement and said it was aware of the incident and was cooperating with the police, but it would not be commenting.
“First, we would like to extend our deepest condolences to the Smith family and friends. Our organization is saddened by this tragedy. Will Smith was a pillar of the community, that exemplified the overwhelming kindness and generosity that New Orleans is known for,” the statement said. “We are stunned and saddened by this senseless tragedy. The Crescent City Kings do not enable or condone violence in any shape, form, or fashion.”
‘Where’s my husband?’
Smith and his friends in the Impala were about 10 blocks away from Sake Cafe when the violence erupted.
As the vehicles approached a five-point intersection in the city’s Lower Garden District neighborhood, Hayes was driving behind them in an orange Hummer H2, police said.
Hayes rear-ended the Mercedes, causing Smith’s SUV to hit the Impala. Smith and Hayes argued, and then Hayes “produced a handgun and shot Smith multiple times, the female victim was also shot to the leg,” a police statement said.
Janis Baehr says she was in a nearby bed-and-breakfast when she heard the crash, dispute and at least five shots fired.
The Florida resident, who was in town to celebrate a friend’s birthday at French Quarter Fest, told CNN she went outside after she heard a woman shout, “Please, God, somebody, please help me!”
There, she found Smith’s wife, Racquel, on the sidewalk screaming, she said. Baehr got on the ground with her, and they prayed together before paramedics arrived.
Baehr recalled Racquel Smith crying out, “Where’s my husband? Where’s my husband?”
Hayes scheduled to appear in court
According to the police report, Will Smith was “in the middle of the street partially inside of his vehicle suffering from multiple gunshot wounds to the body. He died at the scene.”
Hayes was still on the scene. Investigators recovered the weapon they believe he used, and it had no record, said Harrison, the police superintendent. Hayes also had a male passenger in the car with him. He was not identified, and Harrison said he had no information suggesting the passenger was involved in the shooting.
Hayes appeared in court Monday afternoon to determine his counsel going forward in the case. Attorney Jay Daniels will also represent Hayes, CNN affiliate WWLTV reported.Fuller cannot represent Hayes for the entirety of his case because he begins a temporary stint as a judge in Orleans Parish Criminal District Court in May.
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The musician Prince died at his home in Minnesota on April 21 at age 57. The medical examiner later determined he died of an accidental overdose of the opioid fentanyl.
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Michelle McNamara, the crime writer who founded the website TrueCrimeStory.com and the wife of popular comedian Patton Oswalt, died April 21, her husband's publicist confirmed. She was 46. No cause of death was provided.
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Joan Laurer, the former pro wrestler better known as Chyna, was found dead in her Redondo Beach, California, apartment on April 20. The cause of death is under investigation, but police said there were no signs of foul play. Laurer was 45.
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Actress Doris Roberts, best known for her role as Marie Barone on the sitcom "Everybody Loves Raymond," died April 17. She was 90.
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Will Smith, a former first-round pick in the NFL who played for the New Orleans Saints' Super Bowl-winning team, was shot to death after a traffic incident on April 9. He was 34.
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Country music legend Merle Haggard died on April 6 -- his 79th birthday -- of complications from pneumonia, his agent Lance Roberts told CNN.
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Architect Zaha Hadid, whose designs include the London Olympic Aquatic Centre, died March 31, a spokesperson from Zaha Hadid Design told CNN. She was 65. Hadid died of a heart attack in a Miami hospital where she was being treated for bronchitis, according to her firm's press office.
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Actress Patty Duke, star of "The Patty Duke Show," died March 29, at the age of 69. Duke won an Academy Award at age 16 for playing Helen Keller in 1962's "The Miracle Worker."
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Actor James Noble, who played Gov. Eugene X. Gatling in the television series "Benson," died from a stroke on March 28. He was 94.
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Author and poet Jim Harrison died March 26 at his winter home in Arizona. He was 78. His many books include "Legends of the Fall," which was made into a 1994 movie starring Brad Pitt and Anthony Hopkins.
Garry Shandling, the inventive comedian and star of "The Larry Sanders Show," died March 24. He was 66. Shandling's comedy and mentorship influenced a generation of comedians.
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Ken Howard, seen here as Hank Hooper on "30 Rock," died March 23. He was 71. Howard also starred in "The White Shadow" and appeared in many other TV series.
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Malik Taylor, better known to fans as Phife Dawg of the rap group A Tribe Called Quest, died March 23 at the age of 45. He's seen here at center during a performance in 1996. Taylor had long suffered from health issues associated with having Type 1 diabetes. In 2008, he underwent a kidney transplant.
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Actor Larry Drake, best known for his role as Benny on "L.A. Law," died at his home in Los Angeles on March 17, according to his manager Steven Siebert. Drake was 66.
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Frank Sinatra Jr., the son of the legendary entertainer who had a long musical career of his own, died March 16, said manager Andrea Kauffman. He was 72.
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Keith Emerson, keyboardist for the influential progressive rock group Emerson, Lake & Palmer, died March 10, according to the band's official Facebook page. He was 71.
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Sir George Martin, the music producer whose collaboration with the Beatles helped redraw the boundaries of popular music, died March 8, according to his management company. He was 90. Above, Martin poses with the Beatles after the album "Please Please Me" went silver in 1963.
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Former first lady Nancy Reagan, who joined her husband on a storybook journey from Hollywood to the White House, died of heart failure on March 6. She was known as a fierce protector of her husband, President Ronald Reagan, as well as a spokeswoman of the "just say no" anti-drug campaign. She was 94.
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Pat Conroy, who used his troubled family history as grist for a series of novels, including "The Prince of Tides" and "The Great Santini," died March 4 at age 70.
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Bud Collins, the legendary tennis writer who was the first newspaper scribe to regularly appear on sports broadcasts, died March 4. He was 86. Collins was beloved for his cheerful and enthusiastic coverage of a sport he covered for almost 50 years.
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Lee Reherman, a former football player and star of "American Gladiators," was found dead on March 1. He was 49 years old.
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George Kennedy, the brawny, Oscar-winning actor known for playing cops, soldiers and blue-collar authority figures in such films as "Cool Hand Luke," "Airport" and the "Naked Gun" films, died February 28. He was 91.
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Tony Burton, who played trainer Tony "Duke" Evers in the "Rocky" film franchise, died on February 25. He was 78.
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Singer Sonny James, who ruled the country music charts for nearly 20 years, died February 22 at the age of 87.
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Umberto Eco, author of the novels "The Name of the Rose" and "Foucault's Pendulum," died February 19 at the age of 84, his U.S. publisher said.
Harper Lee, whose novel "To Kill a Mockingbird" was awarded a Pulitzer Prize in 1961, was confirmed dead on February 19. She was 89. Her long-anticipated second novel, "Go Set a Watchman," was published in 2015.
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Boutros Boutros-Ghali, who was the United Nations' sixth secretary-general in the early 1990s, died on February 16. He was 93.
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George Gaynes, the veteran actor best known for "Punky Brewster" and the "Police Academy" films, died on February 15. He was 98.
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Denise Matthews, who fronted the group Vanity 6 but was best known for her collaboration with Prince, died February 15 at a hospital in Fremont, California. She was 57.
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U.S. Supreme Court Justice Antonin Scalia, the leading conservative voice on the high court, died at the age of 79, a government source and a family friend told CNN on February 13.
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Edgar Mitchell was the sixth man to walk on the moon and just one of 12 total who have done so. The Apollo 14 astronaut, who was 85, died on February 4.
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Dave Mirra, whose dazzling aerial flips and tricks made him a legend in freestyle BMX, died February 4 of an apparent self-inflicted gunshot wound, police in North Carolina said. He was 41.
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Maurice White, the Earth, Wind & Fire leader and singer who co-wrote such hits as "Shining Star," "Sing a Song" and "September," died on February 4, his brother and bandmate Verdine White said. He was 74.
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Joe Alaskey, a voice actor who performed such characters as Bugs Bunny and Daffy Duck, died February 3 at the age of 63. The actor voiced many other beloved Looney Tunes characters, including Tweety Bird, Sylvester the Cat and Plucky Duck.
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At left is Bob Elliott, half of the TV and radio comedy duo Bob and Ray. He died February 2 at the age of 92. For several decades, Elliott and Ray Goulding's program parodies and deadpan routines were staples of radio and television. Elliott was the father of comedian and actor Chris Elliott and the grandfather of "Saturday Night Live" cast member Abby Elliott.
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Paul Kantner, a guitarist in the '60s psychedelic rock band Jefferson Airplane and its successor, Jefferson Starship, died on January 28. He was 74.
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Abe Vigoda, the long-surviving "Godfather" and "Barney Miller" actor, died January 26 at age 94. Vigoda became famous for his role as the decrepit detective Phil Fish on the television series "Barney Miller," but it was the inaccurate reporting of his death in 1982 that led to a decades-long joke that he was still alive. He played into the joke in late-night television appearances with Conan O'Brien and David Letterman.
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Glenn Frey, a founding member of the Eagles, died at the age of 67, a publicist for the band confirmed on January 18. "Glenn fought a courageous battle for the past several weeks but, sadly, succumbed to complications from rheumatoid arthritis, acute ulcerative colitis and pneumonia," read a post on the band's official website. Frey had been suffering from intestinal issues.
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Dan Haggerty, who played mountain man Grizzly Adams in a hit movie followed by a TV show, died on January 15. He was 74 and had been battling cancer.
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Alan Rickman, the British actor who played the brooding Professor Severus Snape in the "Harry Potter" series years after his film debut as the "Die Hard" villain Hans Gruber, died January 14 after a short battle with cancer, a source familiar with his career said. He was 69.
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Baseball Hall of Fame outfielder Monte Irvin died January 11 at the age of 96. Irvin was regarded as one of the best hitters and all-around players in the Negro League, making five All-Star teams. He became one of the first African-Americans to play in the majors, and he played a vital role in the New York Giants' World Series runs in 1951 and 1954.
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David Bowie, whose incomparable sound and chameleon-like ability to reinvent himself made him a pop music fixture for more than four decades, died January 10 after an 18-month battle with cancer. He was 69.
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French fashion designer Andre Courreges, famous for his "space age" designs of the 1960s and 1970s, died on January 7, his family told CNN affiliate France 3. He was 92.
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Pat Harrington, the popular comedian and voice-over talent who made a lasting impact as superintendent Dwayne Schneider on the hit TV sitcom "One Day at a Time," died on January 6. He was 86.
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Producer Robert Stigwood, the creative force behind "Saturday Night Fever," "Grease" and other cultural blockbusters of the 1970s, died on January 4. He was 81.
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Vilmos Zsigmond, the Oscar-winning cinematographer whose varied work included "Close Encounters of the Third Kind," "The Deer Hunter," "McCabe and Mrs. Miller" and "Deliverance," died on January 1. He was 85.
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Dale Bumpers, a former U.S. senator and Arkansas governor who defended President Bill Clinton during his impeachment trial, died on January 1. He was 90.
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Former U.S. Rep. Mike Oxley -- co-author of a landmark anti-corporate-fraud law that bears his name -- died on January 1. He was 71.
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People we lost in 2016
CNN’s Catherine Shoichet, Vivian Kuo, Jeffrey Acevedo, John Murgatroyd, Sheena Jones, Joshua Berlinger, Joe Sutton and Martin Savidge contributed to this report.