NEW ORLEANS — The prosecution in the Cardell Hayes retrial on in the process of calling their final witnesses.
He’s the man accused of killing Saints star Will Smith nearly eight years ago.
Former Saints running back Pierre Thomas returned to the witness stand as the trial entered its fourth day.
Hayes admitted to the April 2016 fatal shooting, following a confrontation fueled by road rage in the Lower Garden District.
Hayes claims he shot Smith in self-defense.
Thomas testified he was with Smith at a Magazine Street restaurant the night of the shooting.
He also said he was in the vehicle ahead of Smith when Hayes’ orange Hummer crashed into the back of Smith’s SUV.
He told the jury he heard a loud collision, then Smith and Hayes yelling back and forth after the crash with Smith’s wife Racquel trying to intervene.
Thomas testified he watched Smith walk away with his wife and then heard gunshots.
He also said he saw his friend’s lifeless body.
“I saw Will. The driver’s side door was open and that’s when I saw Will. He was slumped over.”
Defense attorney Sarah Chevinsky asked Thomas whether Smith was drinking and if so, how much.
He couldn’t say but told the jury Smith did not appear drunk, and his speech was perfect.
Chevinsky: "Do you recall how many alcoholic drinks you had?"
Thomas: "No, I do not recall."
Chevinsky: "Do you recall how many drinks anyone else had?"
Thomas: "No, I don’t recall."
Orleans Parish Chief Forensic Pathologist Dr. Samantha Huber would later testify that Smith’s blood alcohol was .235, three times the legal limit.
Huber said, “At .235 you can be staggering, you could be waving back and forth, you could have slurred speech, your judgment changes, your ability to react changes.”
Dr. Huber also told the jury Smith was likely standing with one arm raised when one bullet hit his side and was probably leaning forward when seven others pierced his back.
The jury also watched about 15 minutes worth of security camera video, showing Smith’s SUV and Hayes’ Hummer traveling down Magazine Street.
At one point the vehicles stop suddenly, Hayes pulls over and Smith keeps going.
Both vehicles turned down Sophie Wright Blvd., where Hayes crashed into the back of Smith’s SUV.
After the lunch recess, the defense was allowed to call one of its witnesses out of order.
Abigalle Lavray was a bystander on the scene the night of the shooting.
She testified about what she heard and saw.
The witness told the jury she assumed both Smith and Hayes had guns that night.
Later she admitted she never saw a gun in Smith’s hand.