NEW ORLEANS – Less than a day before Cardell Hayes’ scheduled sentencing, a motion for a new trial has been filed Tuesday.

According to The New Orleans Advocate, defense attorney John Fuller said he’s seeking a new trial based on new evidence.

Court documents filed by Hayes' defense cite the word of Army veteran and former physics teacher Michael Burnside, who said he remembers hearing the sound of two guns the night former Saints player Will Smith was killed.

Hayes faces between 20 and 40 years in prison on a manslaughter count in Smith’s death. He was also convicted of attempted manslaughter for the shooting of Smith’s wife, Racquel.

You can read more by clicking here to visit our partner’s website at The New Orleans Advocate.