Wesley Hitt/Getty Images(NEW ORLEANS) — Pierre Thomas, friend and former teammate of slain New Orleans Saints star Will Smith — and witness to Smith’s fatal shooting — recounted seeing Smith “slouched over the steering wheel” after a “back and forth argument” with the suspected shooter.
Thomas was emotional on the stand, at times, while giving his eyewitness account at the trial of Smith’s alleged killer, Cardell Hayes.
Smith, 34, was killed in the apparent road-rage shooting in New Orleans on April 9.
Hayes, a former semi-professional football player, was charged with second-degree murder. If convicted of the charge, Hayes will face a mandatory life sentence, according to the Associated Press. He has pleaded not guilty.
He is also charged with attempted second-degree murder for allegedly shooting and injuring Smith’s wife, Racquel Smith, in the incident.
Hayes’ attorney, John Fuller, has said in the past that Hayes felt threatened and was the victim of a hit-and-run just moments before he crashed into Smith’s car. He said Hayes was chasing them to get license plate numbers and that Hayes had called 911 to report the hit-and-run before the accident with Smith.
Thomas testified that he was in a car ahead of the Smiths when he saw smoke behind him. He said he stopped, got out and discovered there had been an accident; he saw Will Smith and Hayes arguing “back and forth.”
“I never saw any physical contact,” Thomas said.
He said he heard the first shot, then saw Hayes with a gun in his hand as Hayes turned and continued to shoot toward Will Smith.
Thomas said he walked to the passenger side window of Smith’s car and “saw Will slouched over the steering wheel.”
He expressed shock, saying he had thought the argument was over. He thought, “How did we get to this point?”
Rebecca Dooley, who was in the car with the Smiths the night of the shooting along with her husband, Richard Hernandez, also testified today, saying “Mr. Hayes was walking toward Will with a gun pointing at him. And I heard shots fired.”
After the shooting, Hayes appeared to have “no remorse,” Dooley said.
Dooley said Will Smith was driving and Hernandez was next to him in her testimony, which ABC affiliate WGNO in New Orleans reported as follows:
She testified that an orange Hummer in front of them slammed on its brakes and then Will Smith slammed on his in response.
“There was no impact,” Dooley said.
They continued driving and she noticed headlights approaching the SUV very quickly. She said she saw the Hummer following them.
Dooley said an impact followed, during which the SUV glass shattered.
She testified that she and Racquel Smith got out of the car and saw Will Smith and Hayes arguing over who was responsible for the collision. “They both seemed angry,” she said.
Racquel Smith got in between Will Smith and Hayes and tried to diffuse the situation, Dooley continued in her testimony.
After that, Dooley said she saw Hayes walking towards Will Smith with a gun.
She cried on the stand describing the aftermath of the shooting. Will Smith fell into the car, not moving, after he was shot, she said.
Dooley testified that then Hayes said over the ex-NFL star’s body, “Look at you now, you were showing off.”
She said that she and her husband took shelter behind some bushes and she heard Hayes say, “Where’s that white boy at?”
Dooley said she pleaded with her husband not to go over there.
Dooley’s husband, Richard Hernandez, was next called to the stand as a witness and testified as follows, according to WGNO:
The father of two and friend of the Smiths told prosecutors that Hayes’ Hummer pulled out in front of them that night, prompting Will Smith to slam on the brakes. Hernandez said they didn’t hit the Hummer, but shortly after Hayes crashed into the back of Will Smith’s Mercedes after they drove off. Hernandez said it seemed like the hit was on purpose.
Hernandez testified that Will Smith got out of his car and confronted Hayes about the crash, and Hayes accused the former Saints star of striking him first. The passenger in Hayes’ Hummer, Kevin O’Neal, also got out of his car and Hernandez said he sensed a fight was about to happen.
During questioning, the prosecutor asked Hernandez why he then took off his shirt and Hernandez said he thought there would be “a fist fight.”
Hernandez said that O’Neal took a swing at him. Then, shots were fired, he said.
Hernandez told prosecutors he feared for his life when he heard Hayes allegedly say, “Where’s the white boy?”
“I was scared,” Hernandez said. “I was thinking, ‘I’m next.'”
Hernandez said his wife urged him to flee, so he got into a taxi and left the scene.
On Tuesday, Smith’s widow, Racquel Smith, testified and broke down on the witness stand saying “my worst nightmare happened for no reason.”
“I don’t want sympathy, I want justice,” she said on the stand. “He is not here today, so I am his voice.”
New Orleans Saints quarterback Drew Brees and former Saints player Steve Gleason were also among those gathered at the courthouse Tuesday to lend support on the first day of the trial.
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