NEW ORLEANS — New Orleans prosecutors say they're ready to retry Cardell Hayes, the man who shot and killed former Saints player Will Smith, but his attorneys are pushing to postpone the trial.
According to court records, Assistant District Attorney Matthew Derbes said at a pre-trial hearing on Tuesday that the state will be ready for trial on Oct. 18.
Hayes' defense attorney, John Fuller, told the judge that he will move to push back the date. According to our partners at The Times-Picayune | New Orleans Advocate, Fuller asked for the delay so that he can focus on his incarcerated clients who have had their jury trials delayed because of COVID-19.
A pre-trial conference has been set for Oct. 6 to determine when the re-trial will actually begin.
Hayes was convicted four years ago of killing Will Smith and wounding his wife Racquel during a road-rage incident on Magazine Street.
Prosecutors say Hayes shot Smith eight times and wounded Racquel after a fender bender turned into a road rage confrontation.
At trial, Hayes testified in his own defense, saying he shot in self-defense.
The jury returned a split verdict of manslaughter in Smith’s killing and attempted manslaughter for striking Racquel Smith with a bullet wound to the leg. After the Supreme Court struck down non-unanimous verdicts in April 2020, it also determined that the ruling should be applied retroactively.
Hayes’ conviction and 25-year sentence were tossed by the Fourth Circuit Court of Appeals.
Hayes has since been released on a $225,000 bond.
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