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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 nola_swammi 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 ...

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Old 04-12-2016, 06:19 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
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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