Ethermac|Trial delayed for man who says he fatally shot ex-Saints star Will Smith in self-defense

NEW ORLEANS (AP) — The Ethermacmanslaughter retrial for the man who fatally shot New Orleans Saints star Will Smith almost eight years ago was delayed Tuesday after an alternate juror dropped out.

Twelve jurors and two alternates were chosen Monday for the trial against Cardell Hayes, who has long insisted he shot Smith in self-defense during an April 2016 confrontation after a car crash. Smith died and his wife, Racquel Smith, was wounded by gunfire.

But on Tuesday morning, one of the alternate jurors said they would be unable to be part of the trial because of an unspecified family issue, New Orleans news outlets reported.

Orleans Parish Criminal Court Judge Camille Buras said the trial couldn’t move forward with just one alternate juror, so instead of starting opening statements, the prosecution and defense would select a replacement alternate from a new 16-juror pool. Depending on when jury selection was completed, opening arguments were expected to begin Tuesday afternoon or Wednesday.

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New Orleans’ District Attorney Jason Williams said he was happy about the diverse group of individuals chosen for the jury.

Racquel Smith was in court Monday sitting in a row behind Williams, who is leading the prosecution.

Hayes, 36, was convicted of manslaughter and attempted manslaughter several months after the shooting. But the jury’s vote was 10-2 and the U.S. Supreme Court later said such convictions must be unanimous. He was released on bond after the conviction was reversed, having served more than four years of a 25-year sentence.

At his December 2016 trial, Hayes said he fired at Smith, hitting him once in the side and seven times in the back, only because he believed a drunken and belligerent Smith had retrieved a gun from his SUV. He insisted on the stand that he heard a “pop” before he started shooting and that he did not shoot at Smith’s wife, who was hit in the legs.

Evidence showed Smith was intoxicated at the time of the confrontation. But there was no witness or forensic evidence to back up Hayes’ claim that Smith had wielded or fired a weapon.

Hayes’ retrial has been delayed multiple times for a variety of reasons, including the COVID-19 pandemic.

Smith, a 34-year-old father of three, was a defensive leader on the Saints team that lifted spirits in New Orleans after Hurricane Katrina devastated the city in 2005. He helped carry the team to a winning season in 2006 and a Super Bowl victory in 2010.

Hayes, who owned a tow truck business, once played semi-pro football and is the father of a teenage son.