Cardell Hayes, the man convicted of fatally shooting New Orleans Saints Defensive End, Will Smith, will have his conviction thrown-out because a non-unanimous jury delivered his guilty verdict.
In April, the U.S. Supreme Court ruled Louisiana and Oregon’s laws allowing split jury verdicts in felony trials is unconstitutional.
Hayes fatally shot Smith in a road-rage incident back in 2016 in the Lower Garden District. Smith’s wife, Racquel Smith, was wounded in the shooting.
A grand jury indicted Hayes for second-degree murder, attempted second-degree murder, and aggravated criminal damage to a vehicle. He pleaded not guilty to all three counts according to a U.S. Supreme Court document.
“After a six-day trial, a twelve-person jury convicted him of the charges of manslaughter and attempted manslaughter, each by a 10-2 vote.
The court sentenced him to serve twenty-five years on the manslaughter charge and fifteen years on the attempted manslaughter charge, both to run concurrently, without benefit of parole, probation, or suspension of sentence,” according to the document.
Hayes’ attorney appealed the convictions but the Louisiana Supreme Court denied it. The U.S. Supreme Court says the Sixth Amendment requires a jury’s verdict in felony cases to be unanimous.
This means Hayes could get a new trial if whoever is elected as the new District Attorney of New Orleans decides to give him a new trial.
There is currently a run-off election for New Orleans D.A. set for December 5th.