Domain: tiger-web1.srvr.media3.us Fully loaded 9mm found in Smiths car | Page 9 | Saints Talk
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re: Fully loaded 9mm found in Smiths car

Posted on 4/12/16 at 8:46 pm to
Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
74159 posts
Posted on 4/12/16 at 8:46 pm to

Im guessing Hayes still had the .45 on his person

This suggests the whole car needed a warrant to be searched, though.

quote:

Police had previously said they were waiting for a search warrant in order to look inside Smith's SUV and Hayes' Hummer.

The vehicles were towed, Gamble said, to "preserve the evidence" while the warrants were obtained.



It doesn't suggest a gun was concealed in a compartment
Posted by gmrkr5
NC
Member since Jul 2009
15129 posts
Posted on 4/12/16 at 8:47 pm to
Gun could have fallen between the console and the seat... There are lots of possibilities
Posted by Fun Bunch
New Orleans
Member since May 2008
128906 posts
Posted on 4/12/16 at 8:48 pm to
That's very simplified.
Posted by teampick
Member since Jan 2015
2400 posts
Posted on 4/12/16 at 8:50 pm to
Anyone pursuing a bump and run driver in New Orleans at midnight is either itching for a probable violent confrontation or lacks even minimal common sense, or both.
Posted by Vacherie Saint
Member since Aug 2015
47000 posts
Posted on 4/12/16 at 8:50 pm to
LaBranche is not Hayes's atty.

Remember, the shooting occurred after Hayes chased down Smith, slammed into the back of his truck, pushing it into the Impala in front, then getting out and confronting Smith directly.

Its going to be a hard argument to make in court that you are not the aggressor in that scenario, even with the accident at St Andrews and Magazine and the gun hidden in Smith's car.

People are overthinking the frick out of this thing. It makes for interesting conversation, but these things usually end up being exactly what they looked like from the beginning.
Posted by BigBrod81
Houma
Member since Sep 2010
22918 posts
Posted on 4/12/16 at 8:51 pm to
quote:

"If he's in a place a where he's lawfully allow to be, he's not the aggressor, and he's in situation facing serious bodily injury or death, he can use his weapon


1.So was Smith somewhere he wasn't lawfully allowed to be?

2. Smith was next to or partially in his vehicle when he was shot. How would he be considered the aggressor when he is next to or partially in his own vehicle?

3. Why wasn't Smith's weapon in his hand? If someone isn't armed at that very moment they are shot with their back turned to you, how are they an immediate threat to cause you serious bodily injury or death?
Posted by Vacherie Saint
Member since Aug 2015
47000 posts
Posted on 4/12/16 at 8:52 pm to
quote:

It doesn't suggest a gun was concealed in a compartment


lets be real here. The police are not going to allow a gun in plain sight found at the scene of a murder remaining sitting in the car while a wrecker company hauls it away to impound.

Posted by gmrkr5
NC
Member since Jul 2009
15129 posts
Posted on 4/12/16 at 8:53 pm to
quote:

chased down Smith, slammed into the back of his truck


Thats an opinion. Smith just as likely could have slammed on his brakes causing the chasing hummer to run into him

Similar to how you've said Hayes stopped short on magazine
This post was edited on 4/12/16 at 8:55 pm
Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
74159 posts
Posted on 4/12/16 at 8:55 pm to
Posted by gmrkr5
NC
Member since Jul 2009
15129 posts
Posted on 4/12/16 at 8:56 pm to
Thats an old 55, not a 63

Just sayin
This post was edited on 4/12/16 at 8:57 pm
Posted by lsupride87
Member since Dec 2007
110052 posts
Posted on 4/12/16 at 8:56 pm to
Wouldn't a gun that fell between the seats or under the seat not be visible?
Posted by Lester Earl
3rd Ward
Member since Nov 2003
289699 posts
Posted on 4/12/16 at 8:56 pm to
quote:

but these things usually end up being exactly what they looked like from the beginning.


haha. You realize that is getting debunked by the day? You realize how they originally labeled what happened?


Everything that Hayes' lawyer initially said(that wasn't reported by the police) has lined up.

-Smith's initial hit and run
-Smith having a gun

the next big thing is "witnesses at the scene felt threatened by Smith's behavior".

We'll see where that goes.
Posted by bountyhunter
North of Houston a bit
Member since Mar 2012
7074 posts
Posted on 4/12/16 at 8:57 pm to
quote:

Hayes shot Smith with 5-6 rounds. That alone is going to raise doubts about self defense.

You clearly don't know how many shots a person can take before the threat is neutralized. Not saying that's a bad thing, it's something that changes you no matter who you are. Regardless, it is not out of the realm of self-defense to empty an entire magazine on a would-be assailant.

FWIW, I genuinely hope that Smith didn't pull a weapon and provoke the shots. It's going to be a while for this one to get worked out.
This post was edited on 4/12/16 at 8:59 pm
Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
74159 posts
Posted on 4/12/16 at 8:57 pm to
You're right



Idk if a 9mm would fit between the seat and console
Posted by Sprung
In between the cusions
Member since Apr 2008
1942 posts
Posted on 4/12/16 at 8:58 pm to
1) Hayes was in a place he was lawfully allowed to be.

2) For the millionth time I'm speculating. But if Smith went back to get his gun after the initial argument he would be next to or partially in his car. Hayes was threatened and by law you can meet force with force.

It will all come out in court but to assume it's a open shut case is stupid.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
289699 posts
Posted on 4/12/16 at 8:59 pm to
quote:

Hayes shot Smith with 5-6 rounds. That alone is going to raise doubts about self defense.



That's exactly what they teach you in self defense class
Posted by gmrkr5
NC
Member since Jul 2009
15129 posts
Posted on 4/12/16 at 8:59 pm to
quote:

Idk if a 9mm would fit between the seat and console


Something like a S&W shield probably could

Or any orher single stack 9mm
This post was edited on 4/12/16 at 9:01 pm
Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
74159 posts
Posted on 4/12/16 at 9:00 pm to
quote:

lets be real here. The police are not going to allow a gun in plain sight found at the scene of a murder remaining sitting in the car while a wrecker company hauls it away to impound.


Right

So they could've confiscated a weapon from Smith's car night of and not say anything about until the warrant was processed
Posted by Lester Earl
3rd Ward
Member since Nov 2003
289699 posts
Posted on 4/12/16 at 9:02 pm to
quote:

Idk if a 9mm would fit between the seat and console



he prob rides with his seat all the way back. It could slip through that crease to the back seat. At that point maybe one of the passengers kicked it under the seat accidentally or purposely, or picked it up in case they needed to use it for protection
This post was edited on 4/12/16 at 9:03 pm
Posted by GynoSandberg
Bay St Louis, MS
Member since Jan 2006
74159 posts
Posted on 4/12/16 at 9:04 pm to
You could manually wedge a shield in there I'm sure. Still too big to just fall between the seats. I'm guessing, of course
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