A man who shot and killed retired NFL star Will Smith following a car crash in 2016 is set for sentencing on Thursday in a New Orleans courtroom.
This will be the second sentencing for Cardell Hayes, 36, in Smith’s death. He was initially convicted of manslaughter in December 2016 and sentenced to 25 years, but the conviction was overturned after the U.S. Supreme Court banned non-unanimous verdicts. Hayes was released on bond after serving over four years of the original sentence. He remained free during several retrial delays, some due to the COVID-19 pandemic. However, he was taken back into custody following a unanimous verdict on January 27 and has been awaiting sentencing in the New Orleans jail.
Smith was shot eight times, including seven times in the back, during a confrontation with Hayes after Hayes’ SUV struck the rear of Smith’s vehicle.
Hayes has maintained that he acted in self-defense, believing that Smith, who he described as drunk and belligerent, had retrieved a gun from his SUV. He claimed to have heard a “pop” before firing and asserted that he did not shoot at Smith’s wife, Racquel, who was injured in the legs.
Although evidence showed Smith was intoxicated at the time, there was no witness or forensic evidence supporting Hayes’ claim that Smith had a weapon or fired it. In the retrial in January, Hayes did not testify, but his defense attorney argued that prosecutors had failed to disprove his self-defense claim.
In addition to the manslaughter charge, the 2016 jury had convicted Hayes of attempted manslaughter for wounding Racquel Smith, but this conviction was overturned. He was acquitted of this charge in the second trial.
Smith, aged 34 and a father of three, was a key defensive player for the New Orleans Saints, bringing hope and joy to the city after Hurricane Katrina. He contributed to the team’s successful seasons in 2006 and 2010, including a Super Bowl victory in 2010.
Hayes, who owned a tow truck business and had played semi-pro football, is also a father to a young son.
