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Ex-Saints DE Will Smith killed; wife shot after traffic accident

this is a discussion within the Saints Community Forum; Originally Posted by |Mitch| What everyone is failing to realize, Smith hit Hayes Hummer and tried to flee. Hayes chases him down and then Will was killed, I don't see self defense... Police should have been called and Will Smith ...

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Old 04-12-2016, 06:11 PM   #1
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Re: Ex-Saints DE Will Smith killed; wife shot after traffic accident

Originally Posted by |Mitch| View Post
What everyone is failing to realize, Smith hit Hayes Hummer and tried to flee. Hayes chases him down and then Will was killed, I don't see self defense... Police should have been called and Will Smith should have been arrested for hit and run, rather than shot multiple times...
It's the threat that he was going to shoot Hayes and will smith having a loaded gun in his vehicle that will set this guy free. "Stand your ground law"
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Old 04-12-2016, 06:14 PM   #2
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Re: Ex-Saints DE Will Smith killed; wife shot after traffic accident

Originally Posted by nola_swammi View Post
It's the threat that he was going to shoot Hayes and will smith having a loaded gun in his vehicle that will set this guy free. "Stand your ground law"
Negative; You can't go looking for a fight and then shoot someone and claim stand your ground. That's like someone threatening you, but leaves the area. You go kill them and claim self defense, doesn't work that way...

Now if Will would have hit him and jumped out with a gun in his possession, then you have the right to "stand your ground"
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Old 04-12-2016, 08:44 PM   #3
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Re: Ex-Saints DE Will Smith killed; wife shot after traffic accident

Originally Posted by |Mitch| View Post
Negative; You can't go looking for a fight and then shoot someone and claim stand your ground. That's like someone threatening you, but leaves the area. You go kill them and claim self defense, doesn't work that way...

Now if Will would have hit him and jumped out with a gun in his possession, then you have the right to "stand your ground"
100% correct. In the scenario above is revenge not self defense.
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Old 04-12-2016, 06:19 PM   #4
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Re: Ex-Saints DE Will Smith killed; wife shot after traffic accident

Originally Posted by nola_swammi View Post
It's the threat that he was going to shoot Hayes and will smith having a loaded gun in his vehicle that will set this guy free. "Stand your ground law"
Unless Will Smith was pointing a gun at him, I dont think that constitutes standing your ground. But if he was going to get a gun, sounds like Cardelle was thinking he was gonna shoot him before Will had a chance.
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I pulled this off the internet:

Not too long ago, standing your ground meant, in part, proving that you tried to retreat from a threat before using self-defense...but not anymore.

"A judge or jury cannot consider the fact that you did not retreat if you're being tried for killing somebody when the defense is justifiable homicide," says Desoto Parish District Attorney, Richard Johnson.

Johnson says Louisiana's law is similar to Florida's and he says the law does not give you the right to aggressively pursue anyone.

"You're allowed to use deadly force and that a homicide is justifiable if you are in imminent danger of losing your life or receiving great bodily harm."

A person must also be acting lawfully in order to claim "Stand Your Ground" as a defense.

"If you see an assailant pointing at you with a gun or taking aim at you, you don't have to turn and run away," says Johnson.



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Old 04-12-2016, 06:21 PM   #5
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Re: Ex-Saints DE Will Smith killed; wife shot after traffic accident

Originally Posted by 44Champs View Post
Johnson says Louisiana's law is similar to Florida's and he says the law does not give you the right to aggressively pursue anyone.
...
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Old 04-12-2016, 08:42 PM   #6
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Re: Ex-Saints DE Will Smith killed; wife shot after traffic accident

Originally Posted by nola_swammi View Post
It's the threat that he was going to shoot Hayes and will smith having a loaded gun in his vehicle that will set this guy free. "Stand your ground law"
You don't have a clue as to what you are talking about. People this is why you can never take to heart anything you read on forums like these concerning gun laws. It is your responsibility to know the law and you need to get it from a reputable site, not just what some dude heard.

The"stand your ground law" likely doesn't apply here. Will was inside of his own car which is an extension of your home in Louisiana. The fact that Hayes approached Smith while he was in his car and then turned around to go get his gun throws out stand your ground.

There are other scenarios where it could be ruled as self defense but most judges would throw out the Stand your ground argument in this case.

And you can absolutely open carry in Loisiana
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Old 04-12-2016, 10:09 PM   #7
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Re: Ex-Saints DE Will Smith killed; wife shot after traffic accident

Originally Posted by The Dude View Post
You don't have a clue as to what you are talking about. People this is why you can never take to heart anything you read on forums like these concerning gun laws. It is your responsibility to know the law and you need to get it from a reputable site, not just what some dude heard.

The"stand your ground law" likely doesn't apply here. Will was inside of his own car which is an extension of your home in Louisiana. The fact that Hayes approached Smith while he was in his car and then turned around to go get his gun throws out stand your ground.

There are other scenarios where it could be ruled as self defense but most judges would throw out the Stand your ground argument in this case.

And you can absolutely open carry in Loisiana
Will Smith was not in his car, he was walking toward his car I assume since he was shot in the back and side. Yes, he died in his car after being shot outside the car I assume. I am waiting to see all the facts. By will smith claiming to get his gun and have a loaded gun in his car can be perceive as a threat. If Hayes got out his car with his gun and approached will smith then you absolutely correct stand your ground will not apply

In the United States, a stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat" law) is a law that authorizes an individual to protect and defend their own life and limb against threat or perceived threat.

https://en.m.wikipedia.org/wiki/Stand-your-ground_law
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Old 04-12-2016, 10:41 PM   #8
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Re: Ex-Saints DE Will Smith killed; wife shot after traffic accident

Originally Posted by nola_swammi View Post
Will Smith was not in his car, he was walking toward his car I assume since he was shot in the back and side. Yes, he died in his car after being shot outside the car I assume. I am waiting to see all the facts. By will smith claiming to get his gun and have a loaded gun in his car can be perceive as a threat. If Hayes got out his car with his gun and approached will smith then you absolutely correct stand your ground will not apply

In the United States, a stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat" law) is a law that authorizes an individual to protect and defend their own life and limb against threat or perceived threat.

https://en.m.wikipedia.org/wiki/Stand-your-ground_law
im well aware of the gun laws here in Louisiana. Unlike you who makes an assumption and posts that "carrying a loaded gun is illegal"

And Wikipedia is NOT an accurate site. Anyone can add to it. Again another example of people not knowing how to obtain factual information. Guns are serious and in the wrong, uneducated hands can easily take a life. One of the most important part of safety is being educated. We wouldn't need more gun laws if people would take the time to know the laws that already exist.

Last edited by The Dude; 04-13-2016 at 03:11 PM..
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Old 04-13-2016, 03:39 PM   #9
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Re: Ex-Saints DE Will Smith killed; wife shot after traffic accident

Originally Posted by The Dude View Post
im well aware of the gun laws here in Louisiana. Unlike you who makes an assumption and posts that "carrying a loaded gun is illegal"

And Wikipedia is NOT an accurate site. Anyone can add to it. Again another example of people not knowing how to obtain factual information. Guns are serious and in the wrong, uneducated hands can easily take a life. One of the most important part of safety is being educated. We wouldn't need more gun laws if people would take the time to know the laws that already exist.
Dude, I am just trying to enlighten you on what I discovered about stand your ground law, I am not a lawyer, or your librarian to find out the facts about the law, if you have any FACTS to refute what I am saying please post a link, I have no problem putting up links even if I find out what I am saying is wrong. I am trying to stop going on and on about the subject cause how sensitive this subject is. I DON'T LIKE THE STAND YOUR GROUND LAW since it does seem to biased. I wasn't going to reply til you edited your post about Wikipedia.
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Old 04-13-2016, 04:58 PM   #10
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Re: Ex-Saints DE Will Smith killed; wife shot after traffic accident

Originally Posted by nola_swammi View Post
Dude, I am just trying to enlighten you on what I discovered about stand your ground law, I am not a lawyer, or your librarian to find out the facts about the law, if you have any FACTS to refute what I am saying please post a link, I have no problem putting up links even if I find out what I am saying is wrong. I am trying to stop going on and on about the subject cause how sensitive this subject is. I DON'T LIKE THE STAND YOUR GROUND LAW since it does seem to biased. I wasn't going to reply til you edited your post about Wikipedia.
Are you even on the same planet as everyone else? I didn't ask you to be my librarian, I was correcting you. I'm not here to post laws, they are clearly written on the State Police website.
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