NEW ORLEANS - Video used by prosecutors to help convict Cardell Hayes in the shooting death of Will Smith has been obtained by The New Orleans Advocate, our news partners.
The video begins with Will Smith slumped over, dead inside of his Mercedes - part of the video we have elected not to show. Smith's upper body is on the seat, with the lower part of his body hanging outside. A couple of people come up to check for a pulse.
It also shows a visibly upset Cardell Hayes with his head in his hands on his Hummer as they all waited for police to arrive. At some point in the video, Hayes says that Smith was going for a gun. In his final testimony on the stand, he alleged that Smith had a gun and had fired at him.
The man who shot the video, David Dreiling, testified during the trial that he was going to dinner and pulled out his phone and started recording when he heard the gunshots. His voice is heard on the video.
Kevin O'Neal, the man who was in the Hummer with Hayes, stops Hayes from making any real recorded statement, with O'Neal heard and seen on tape going over his version of events instead.
O'Neal described the interaction with two male passengers who had been in Smith's vehicle.
One of them, identified at trial as Richard Hernandez, ripped off his shirt and O'Neal said Hernandez engaged him on one side of Smith's Mercedes while the Hayes and Smith confrontation happened on the other.
Hayes speaks infrequently.
The members of the jury saw the video last Thursday. While 10 people found Hayes guilty of manslaughter, two voted to acquit.