NEW ORLEANS — The Cardell Hayes retrial finally started around two Tuesday afternoon after Judge Camille Buras restarted jury selection.
One of the two alternates seated had an issue at home and was excused.
Attorneys spent the morning picking three additional alternates and jumped opening statements after a short lunch break.
Prosecutors and defense attorneys paint two very different versions of the facts on the night Saints star defensive end Will Smith was shot and killed in April 2016.
According to police, Cardell Hayes rear-ended Smith's Mercedes-Benz at Felicity Street and Sophie Wright Blvd. in the Lower Garden District, then shot him seven times in the back and once in the side.
Smith's wife Racquel also suffered gunshot wounds to both of her legs.
Hayes’s attorneys have claimed he was not the aggressor, but fired in self-defense, fearing that the angry NFL star was fetching a gun from his glove box during a heated argument following the crash.
Prosecutor Matthew Derbes gave the opening statements for the state which must prove beyond a reasonable doubt that Hayes is guilty of manslaughter and attempted manslaughter.
He told the jury of nine women and three men, “Cardell Hayes walks up and advances toward Mr. Smith and continues to fire over and over and over and over, and over, eight times he shoots Will Smith after shooting Racquel in the legs.”
“This was not reasonable, not necessary and not justifiable and the evidence will show that,” Derbes added.
Racquel Smith who was in the courtroom, nodded her in agreement.
Defense attorney Sarah Chervinsky later said, “Will Smith threatened to get his gun, reached into his car, and turned toward Cardell Hayes. This was self-defense.”
“Out of fear, out of terror, he fired his gun,” Chervinsky added.”
A loaded gun was later found in Smith’s vehicle.
The jury also heard some of the panicked 911 calls from the shooting scene as the prosecution started to present the state’s case.
They also heard testimony from an off-duty NOPD officer who was on a date at the Half-Moon Bar and Restaurant near the shooting scene.
Christopher McGaw told jurors he heard a loud crash up the street and decided to investigate.
He said as he was walking up to the scene, he heard voices go from angry to crazy, then a series of gunshots.
The jury saw a clip from McGaw’s cellphone video at the scene.
It showed Will Smith slumped over in his SUV with gunshot wounds to his side and back.
Also, on the video, Hayes’ passenger claimed a big dude threatened them after Hayes’ vehicle hit the back of Smith’s SUV, and that’s when Hayes reached into his vehicle and got a gun.
The jury also saw body camera video from the first responding NOPD officer at the scene.
Court adjourned for the evening around 5:30. The trial is expected to resume at 9:30, Wednesday morning.