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Hayes in 911 call: Smith said ‘gonna go get gun’
- Updated: June 4, 2016
8:56 PM ET
NEW ORLEANS — Will Smith’s shooter, Cardell Hayes, told police officers that he felt threatened by the former New Orleans Saints defensive end and believed Smith was going to retrieve a gun from his car when he shot and killed Smith on the night of April 9.
“He’s got a gun, I’m gonna go get my gun,” Hayes can be overheard saying in a 911 call made by off-duty police officer Christopher McGaw, in describing what Hayes said Smith had said. “What was I supposed to do?”
Hayes’ own words were played in court for the first time during a Friday hearing, which included the audio clip of Hayes speaking to McGaw on the scene and a video clip of Hayes’ first discussion with homicide detectives.
Hayes said that he exited his vehicle with his gun in hand during a heated argument with Smith and others in Smith’s party that followed a pair of traffic incidents. And Hayes made no mention of seeing a gun in Smith’s possession in either of his recorded conversations.
Editor’s PicksSource: Will Smith’s BAC nearly 3 times limit
Former Saints DE Will Smith had a blood alcohol content of 0.235 — nearly three times the legal limit — on the night he was shot and killed, a source confirmed to ESPN.
But Hayes said he acted in self-defense, claiming that he was surrounded by three or four people at one point and that Smith hit him three times before Smith eventually headed toward his own vehicle, with a woman trying to hold Smith back.
Later, Hayes told homicide detectives, “I can’t have my life taken away from me for nothing” and said of Smith and others in his party, “I don’t know what they were on or what they were drinking.”
Friday’s hearing offered a sneak peek of Hayes’ trial, which is scheduled to begin September 20.
The trial date was scheduled Friday after Judge Camille Buras rejected motions to reduce Hayes’ $1.75 million bond and to suppress his early statements to police.
Hayes has been charged with the second-degree murder of Smith and the attempted murder of his wife, Racquel Smith. Will Smith was shot eight times — seven in the back — and Racquel was shot twice in the legs.
One of the prosecutors, Jason Napoli, described it as a case of somebody who took a “fender-bender,” escalated it and decided “some warped theory of the law justifies him shooting Will Smith eight times.”
Hayes’ lead attorney, John Fuller, said he was not surprised by any …
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