By KEVIN McGILL (Associated Press)
In a courtroom in New Orleans, the man who fatally shot retired NFL star Will Smith after a car crash in 2016 has been sentenced to 25 years in prison.
This was the second time 36-year-old Cardell Hayes faced sentencing for Smith’s death. He was initially convicted of manslaughter in December 2016 and sentenced to 25 years, but the conviction was later overturned. After a new trial, Hayes was found guilty by a unanimous jury in January. He was found guilty by a unanimous jury in January..
During the sentencing, Judge Camille Buras acknowledged the strong support Hayes received from friends and family, but she pointed out that both Hayes and a companion were armed when they got out of Hayes’ car after the crash, whereas Smith was unarmed.
Smith was shot eight times, including seven in the back, during the confrontation with Hayes that occurred after Hayes’ SUV hit the back of Smith’s vehicle.
Smith’s daughter Lisa, now a teenager, was one of the people who spoke in court before the sentencing. She mentioned that her mother had to learn to walk again after the shooting and expressed regret for not having her father around for important life events.
She said, “Mr. Hayes, you ruined my life. You took my father away from me.
During a statement in support of Hayes, his mother, Dawn Mumphrey, expressed sorrow for the loss of Smith.
Dawn Mumphrey also said, “Our lives are forever changed as well. I ask for your mercy.
Hayes has repeatedly claimed he fired in self-defense, stating that he did so because he believed Smith, who appeared drunk and aggressive, had retrieved a gun from his SUV. He said he heard a “pop” before he began shooting and denied firing at Smith’s wife, Racquel, who was injured in the legs.
Hayes was He was let out on bond after serving more than four years of the original sentence. He was free during various retrial delays, some due to the COVID-19 pandemic, but was taken back into custody after the unanimous Jan. 27 verdict and had been waiting for sentencing at the New Orleans jail.
The overturned 2016 verdicts also included an attempted manslaughter conviction for causing injury to Racquel Smith. Hayes was cleared of that charge in the second trial in January.
Hayes has already spent over four years in prison, for which he will be given credit. He has also been under strict supervision and home confinement. It was not immediately clear how this would count toward his sentence. Buras said she would address this with prison officials.
Before the sentencing on Thursday, around 24 of Hayes’ family and friends created a circle and prayed in the large hallway of the courthouse.
Smith, a 34-year-old father of three, was a leader on defense for the Saints team that boosted morale in New Orleans after Hurricane Katrina wrecked the city in 2005. He contributed to the team's success in 2006 and the Super Bowl victory in 2010. Smith went to Ohio State University and assisted the Buckeyes in winning the 2002 national championship.
Hayes, who was the owner of a tow truck company, formerly played semi-professional football and has a young son.
