Cardell Hayes again convicted of manslaughter in killing of former Saints star Will Smith

NEW ORLEANS (WVUE) - Cardell Hayes was convicted of manslaughter a second time early Saturday (Jan. 27) for the 2016 road-rage shooting that killed former Saints defensive end Will Smith in the Lower Garden District.

A New Orleans jury deliberated about five hours before returning its guilty verdict in Smith’s death. Smith was shot seven times in the back and once in the side during a dispute over whether his SUV bumped Hayes’ Hummer along Magazine Street on April 9, 2016.

Hayes, who rammed Smith’s vehicle from behind and got out of his Hummer armed with a gun, claimed he shot Smith in self-defense. It was the same claim rejected by a jury in December 2016, but unlike in that trial, this time Hayes did not take the stand to testify under oath.

Hayes was acquitted of second-degree murder in his first trial, but found guilty of manslaughter and attempted manslaughter for shooting Smith’s wife Racquel in the legs during the same incident. Hayes was convicted in 2016 by a 10-2 jury vote, at a time when Louisiana law only required 10 jurors to agree.

But that conviction and Hayes’ original 25-year prison sentence were vacated when the US Supreme Court invalidated split-jury decisions that were still pending under appeal. Louisiana law later was changed to require unanimous verdicts in major felony cases to conform to that decision.

The jury that delivered the new verdict Saturday morning around 12:25 a.m. again found Hayes guilty of manslaughter in Smith’s killing, but found him not guilty of attempted manslaughter in the shooting of Racquel Smith.

“We believe the correct verdict would have been ‘not guilty’ on both counts,” said Sarah Chervinsky, one of Hayes’ defense attorneys. “We intend to file an appeal and we will continue to fight for Cardell in this case.”

District Attorney Jason Williams and Racquel Smith declined comment as they left the courthouse. But Racquel Smith later issued a statement that said, “Since April 9, 2016, my family and I have been living a nightmare. In the eight years since losing Will, each life milestone and family memory brings heartache. We miss our Superman. He was a wonderful husband, father and friend, and we will never stop celebrating William Smith, the man we were blessed enough to have on this earth for 34 short years.

“Each time we stepped into this courthouse, we were forced to relive the worst moments of our lives. As hard as it was to sit and listen to autopsy reports and untruths about the night Will was killed and I was shot, we came each day brave and strong because we were fighting for Will. I can look my children in the eyes and tell them that I gave everything in pursuit of justice on behalf of Will. ... All we have ever wanted was for Mr. Hayes to take accountability for his actions. And we hope that through this verdict, we are one step closer to that becoming a reality.”

Hayes faces up to 40 years in state prison when Judge Camille Buras imposes his sentence on March 27.

Buras, the same judge who presided over Hayes’ first trial, sentenced him to 25 years after his first conviction. Hayes served around four years of that sentence before that conviction was vacated. He had been free on bond since March 2021 while awaiting his second trial, but was remanded back into custody immediately after the new verdict early Saturday.

The state rested its case Friday just before noon after three days of witness testimony, including an emotional reliving of her husband’s death by Smith’s widow and heated arguments on Thursday.

Hayes’ defense team, led by attorneys John Fuller and Chervinsky, rested their case immediately after Williams did, without calling Hayes or any other witnesses. Chervinsky later explained the team wanted to move straight into closing arguments because it was confident prosecutors had not met their burden of proof.

“I know that side has the right to be angry. I understand their pain,” Fuller told the jury during his summation. “They have the absolute right to be angry. The truth of the story is that none of us want to be here. We wish we didn’t have to be here. You have a beloved figure who has a ton of people supporting him. You have another figure that is beloved.

“This is not about beating up on Will Smith. We cannot ignore the fact that, as great of an athlete, husband, father he was, at 11:30 that night, he wasn’t his best self. The proper verdict is Mr. Hayes is not guilty.”

Williams implored the jury to hold Hayes accountable for his actions and decisions.

“No. 1, don’t bring a gun out after a car accident,” Williams said. “No. 2, don’t shoot a mother and wife as she’s walking away from you. Don’t shoot every bullet loaded in your gun. All of these people (sitting in the gallery behind Hayes) are here because he was probably a good dude most of his life. Sometimes a good person can do a bad thing and he did. He did a bad thing with this gun, over and over again.

“He made a choice when he pointed at Raquel Smith and then he turned the gun and trained it on Will Smith’s back. That was a decision point, each and every time.”

THE RETRIAL OF CARDELL HAYES

Day 1: Jury seated for retrial of Cardell Hayes, who fatally shot ex-Saints star Will Smith in 2016

Day 2: Testimony underway after jury delay in Cardell Hayes retrial

Day 3: Will Smith’s widow called to testify in Cardell Hayes retrial

Day 4: Tensions rise in third day of Cardell Hayes trial arguments

The deadly incident began with a traffic dispute. Hayes testified at his first trial that Smith’s Mercedes SUV bumped into the rear of his Hummer and drove away before damage could be assessed. Smith’s widow Racquel testified again Wednesday that no one in their vehicle was aware of bumping Hayes’ vehicle, and didn’t realize anything was amiss until Hayes slammed into the back of their SUV with such force it shattered their rear window.

“We felt like we were under attack,” she told the jury.

She testified that an angry shouting match ensued outside the vehicles, but that she intervened between her husband and Hayes, and convinced her husband to walk away from the confrontation before they were suddenly shot from behind.

Assistant district attorney Matthew Derbes told the jury Hayes “fueled” a heated exchange with Smith and passengers in both vehicles. Chervinsky countered that Will Smith was the aggressor and intimated that he would shoot her client as he went to get his gun from his vehicle.

“He does not want to use his gun. But within seconds, he has to,” Chervinsky told the jury.

Racquel Smith testified that after she and her husband were shot, she heard a man yelling, “You want to show off for the f****** white boy? Look at you now. Look at you now.”

Other witnesses called to testify included former Saints running back Pierre Thomas, who was with the Smiths’ party that night, former homicide detective Tindell Murdock, a 911 operator, and officers Chris McGaw and Amanda Smith, who were among the first responders.

Dr. Samantha Huber, chief forensic pathologist for the Orleans Parish Coroner’s Office, testified that Will Smith’s blood-alcohol content was 0.235 at the time of his death, nearly three times the legal limit for driving.

She said someone could easily be emotionally triggered with that amount of alcohol in their system.

Huber also testified Will Smith sustained eight gunshot wounds, seven in the back and one in the side.

Thomas said he saw Hayes shoot several times, then move forward and shoot again. He said he heard Hayes yell, “Y’all seen what happened.”

Smith, a 34-year-old father of three, was a defensive leader on the Saints team that lifted spirits in New Orleans after Hurricane Katrina devastated the city in 2005. He helped carry the team to a winning season in 2006 and to a Super Bowl victory in 2010.

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