Cardell Hayes — the man who fatally shot retired New Orleans Saints defensive end Will Smith in 2016 — has been sentenced to 25 years in prison for manslaughter.
A jury convicted Hayes of manslaughter in January. Judge Camille Buras handed down the sentence on Thursday in a New Orleans courtroom, the Associated Press reports.
The January conviction was the second for Hayes in Smith’s shooting death. He was initially convicted in 2016 and sentenced to 25 years. The jury in that case ruled, 10-2 to convict Hayes, a tally that was enough to convict in Louisiana, which at the time didn’t require a unanimous jury verdict to find a defendant guilty in a criminal case.
Hayes convicted again
The U.S. Supreme Court ruled in 2020 that the Constitution requires a unanimous verdict to convict a defendant of a serious crime, and Hayes’ verdict was vacated on appeal in 2021. A new trial was ordered, and Hayes was convicted again by a unanimous jury in January, nearly eight years after he fatally shot Smith.
Hayes, 36, had faced up to 40 years in prison for Smith’s death. He served four years of his initial sentence, but had been free since it was vacated until the time he was convicted again in January.
Road rage escalates to fatal shooting
Hayes shot Smith eight times — seven times in the back — during the 2016 road rage in incident in New Orleans. A confrontation escalated after a vehicle collision on April 9, 2016. Hayes did not deny shooting Smith, but argued that he acted in self-defense, citing Louisiana’s “stand your ground” law.
The incident started when Smith’s vehicle struck the rear of Hayes’. Video surveillance showed Hayes get out to address the issue before Smith drove off. A toxicology report reportedly showed that Smith’s blood-alcohol level was 0.24, three times the legal limit in New Orleans.
Hayes then pursued Smith in his vehicle and eventually caught up with him. He rear-ended Smith’s vehicle in his, and a confrontation ensued when each got out of his car. Smith returned to his car. Hayes testified in the first trial that he heard Smith say that he was retrieving a gun and responded by grabbing his own. He said that he heard a “pop” before shooting Smith eight times and his wife Racquel Smith twice in the legs.
There was no evidence or witness testimony that Smith ever wielded a weapon. Hayes was acquitted in the new of trial of attempted manslaughter in the shooting of Racquel Smith, who survived her wounds.
Smith was 34 at the time of his death. He played his entire nine-season NFL career with the Saints from 2004-2012. A one-time Pro Bowler, he was a star defender on the 2009 team that secured the franchise’s first and only Super Bowl victory. He was a beloved member of the Saints and the New Orleans community. He left behind his wife Racquel and three children.
