A New Orleans magistrate has set bond at $1 million for the man accused of killing former New Orleans Saints player Will Smith. Magistrate Brigid Collins noted that Smith was shot in the back and side.
Defense attorney John Fuller said after Sunday's hearing that 28-year-old Cardell Hayes is not guilty of the second-degree murder charge on which he's being held.
He implied that Hayes fired because he believed Smith was going for a gun of his own.
Fuller says the accident that police said touched off the shooting was the second within moments. He says a hit-and-run driver had just run into the back of Hayes' Hummer, and Hayes had called 911 and was following the other vehicle to get its license plate number.
Fuller won't say whether Hayes identifies Smith's Mercedes as the vehicle that hit the Hummer.
An emailed statement from New Orleans city coroner Jeffrey C. Rouse said that Smith died "of multiple gunshot wounds" after a traffic accident in the city's Lower Garden District. The former defensive end was 34 years old.
New Orleans Police Department spokesman Tyler Gamble said the investigation was ongoing but did not release further details. Online court records show Hayes pleaded guilty in 2014 to one count each of possessing an illegal weapon and possessing drug paraphernalia.
Saints' owner Tom Benson and family released a statement mourning the loss of a player who had been their No. 1 draft pick in 2004.
"The Saints family is hurting and devastated as it has lost a member too young and too soon," the statement said.
The Smith family released a statement through a public relations firm.
Heavy Hearts w the senseless passing of our Team Capt. Will Smith. Pray for his wife's recovery and their children. pic.twitter.com/VomR0Sut6M— Sean Payton (@SeanPayton) April 10, 2016
Another untimely death. My heart is saddened of the news of fmr NO Saints Will Smith. My prayers r with his family and wife who was shot too— Terrell Owens (@terrellowens) April 10, 2016
"On behalf of the Smith family, we are thankful for the outpouring of support and prayers. We ask that you continue to respect the family's privacy as they grieve the loss of a devoted husband, father and friend," the statement read.
Smith appeared to be the victim of a road rage accident.
The former defensive end was driving in a Mercedes late Saturday through an upscale part of the city called the Lower Garden District when his vehicle was hit from behind by another vehicle, an orange Hummer H2, police said.
That caused Smith's vehicle to hit a grey Chevrolet Impala in front of him. Two acquaintances of Smith's were in the Impala but not injured.
At some point in the ensuing incident, Smith and Hayes - the driver of the Hummer - exchanged words, police said. That's when police say Hayes pulled out a gun and shot Smith multiple times.
Smith's wife, who was traveling with him, was shot in the leg. She was taken to a local hospital for treatment. Police said Smith died at the scene.
RIP to Will Smith. Good dude that I always respected. People just don't value life man. It's sad. Prayers to his wife and family— Wade Smith (@Smitty74allday) April 10, 2016
It's crazy to hear the news about Will Smith. It saddens me to see a senseless act of violence. Pray for the Smith Family. #STOPTHEVIOLENCE— ANTONIO CROMARTIE (@CRO31) April 10, 2016
Police said they recovered the weapon and took Hayes into custody.
Smith's death shocked football fans across the Crescent City, where the former end was a loved and respected figure both on and off the field.
Life is too short— Reggie Bush (@ReggieBush) April 10, 2016
Devastated. Lord please be with the Smith family at this tragic time. Nonsense man...— Mark Ingram II (@MarkIngram22) April 10, 2016
Smith, a native of Queens, New York, played for Ohio State's 2002 national championship team and was a first-round draft choice by New Orleans in 2004.
He led the Saints with a career-high 13 sacks in 2009, when the club won its only Super Bowl. Smith's career sack total ranks fourth in Saints history. He had 457 career tackles, 20 forced fumbles, seven fumble recoveries and two interceptions.
I went to sleep last night and woke up to the news about Will Smith. Cherish every min with the ones you love. 🙏🏽 for his children and fam— DeAngelo Hall (@DeAngeloHall23) April 10, 2016
So sad about Will Smith Father of 3 kids Killed due to a senseless road rage incident Praying for him and his family pic.twitter.com/qhOik1lOvq— Corey Wootton (@CoreyWootton) April 10, 2016
He last played in an NFL regular season game in 2012, finishing his career with 67 sacks.
During the 2013 preseason, a knee injury forced him onto injured reserve. He was signed in the 2014 offseason by New England but did not make the Patriots' regular season roster.
Smith was defensive captain for much of his career, but it was also that leadership role that landed him at the center of the NFL's bounty probe in 2012. The league concluded that Smith and fellow defensive captain Jonathan Vilma helped run a locker-room pool that paid cash bonuses for heavy and even injurious hits.
Smith was initially suspended four games by NFL Commissioner Roger Goodell, but Smith and three other implicated players successfully appealed their suspensions and were never compelled to miss games, even as Saints coach Sean Payton was suspended the entire 2012 season.
A year earlier, however, Smith did have to serve a two-game suspension that stemmed from findings back in 2008 that he and several other NFL players had used a weight-loss product called StarCaps, which contained a diuretic that had been banned by the league because it was known to mask steroid use. That suspension was enforced after legal challenges the spanned several seasons.
Off the field, Smith took an active role in trying to improve the lives of children in New Orleans. He established a foundation called, Where There's A Will, There's A Way, in 2007. Its stated mission is "to motivate, educate and provide opportunities for women and children."
After football, he settled in Louisiana, his wife's native state. His shooting came during the weekend of the French Quarter festival, a popular festival featuring local music and food.
Smith leaves behind his wife, Racquel, and three children.