Although prosecutors said Hayes deliberately rammed Smith's vehicle, Hayes insisted he was trying to get Smith's license number when the second crash occurred. But Fuller said that would have meant his 29-year-old client would die in prison. "At least with 25 he has the opportunity to be reunited with his family", Hayes' lawyer, John Fuller, said outside court.
The widow of former New Orleans Saints star Will Smith says their daughter fears the day his killer gets out of jail.
On Thursday, the defense will make its case against a harsh sentence for Hayes, who was convicted in December of manslaughter and attempted manslaughter.
Hayes repeatedly shot Smith in the back as the men argued in the street the night of April 9, 2016.
Jurors heard that Hayes's Hummer had rear-ended Smith's Mercedes SUV that night, shortly after the SUV appeared to have tapped the rear of Hayes's vehicle.
Hayes said he armed himself only after he and his own passenger were accosted by Smith and Richard Hernandez, a passenger in Smith's Mercedes.
Hayes claimed self-defense, but no other witness or evidence supported his belief that Smith was firing at him. He also acknowledged that he didn't witness the killing, and the prosecutor poked other holes in his testimony. Daniel is urging the judge to give less than the minimum if she feels it's excessive.
My family and I are extremely disappointed with today's sentencing and the leniency showed by Judge Buras for the defendant.
Defense attorney John Fuller sharply criticized Napoli's characterization of the new witness.
That would likely require Fuller to waive a 48-hour wait period that went into effect Wednesday when Fuller moved for a new trial, a motion quickly rejected by the judge.
EEUU garantiza la seguridad a Japón por amenaza — URUGUAY
Y advirtió que cualquier uso de armas nucleares por parte de Pyongyang enfrentaría "una respuesta abrumadora y efectiva". El compromiso estadounidense con los japoneses pretende frenar las ambiciones nucleares de Corea del Norte .
Assistant District Attorney Jason Napoli used the term after the sometimes emotional and rambling testimony of Michael Burnside. Hayes insisted he fired in self-defense, but apologized to the Smith family.
Hayes' mother, Dawn Mumphrey, also testified, wailing and shaking as she pleaded for mercy and forgiveness.
Michael Burnside was called by lawyers for Cardell Hayes, convicted of manslaughter previous year in Smith's death.
That was the same request from Hayes' mother, whose uncontrollable sobbing led to a brief recess while she composed herself.
FILE - This April 10, 2016, file photo provided by the Orleans Parish Sheriff's Office shows Cardell Hayes. That would include the maximum 40 years for Hayes' manslaughter conviction, followed by another 20 for attempted manslaughter in the wounding of Smith's wife.
Judge Camille Buras denied a new trial for Hayes on Wednesday and is expected to impose a sentence no later than Friday.
The man who killed retired New Orleans Saints star Will Smith has been breaking down in tears over being separated from his little boy. Regaining his composure, he looked at Smith's widow Racquel and told her he wishes the night had never happened. He insisted he fired at Smith, hitting him once in the side and seven times in the back, only because he believed Smith had retrieved a gun from the SUV. And to all of those who continued to pray alongside us through this very hard time, we heard you and we are so appreciative for the continued outpouring of love and support.
The statement was made in the name of a previously unheard of "shared operations room" between Russia, Iran and allied forces. US Secretary of State Rex Tillerson says Russia's inaction played a part in fuelling a deadly gas attack on Syrian civilians.
Pradhan's father, Debendra Pradhan, was also a BJP MP from Deogarh, Odisha, and served as a minister of state in the 1999 A.B. Vajpayee Cabinet. "His party president may organise the biggest rallies, but facts are facts", Ramesh said.
NUCLEAR war with Iran is a bigger threat than with North Korea, the USA warned as it blasted Tehran for "alarming provocations". The disagreement between Obama and Netanyahu over the deal had strained US-Israel ties and Obama-Netanyahu relationship.
The state of CT will play host to several prominent events in that time frame, most notably in women's hockey and men's lacrosse. The XL Center last hosted NCAA men's tournament games 1998 and previously hosted in 1983, 1985, 1988 and 1990.
Bill Wielechowski, D-Anchorage, was among six senators who tried to insert the local mandate into the bill on Tuesday. Seliger changed the bill to give more freedom to institutions and support students at underprivileged schools.
The upcoming week of Nach Baliye 8 will see another celebrity couple taking the exit route after Utkarsha Naik and Manoj Verma. After Yuvraj Singh and Hazel Keech, news is that the other cricket couple will make their way on the dance based reality show.
For every Lotto line played, players automatically receive a Lotto Millionaire Raffle code printed on their ticket. Mrs A has become one of over six million players that win each week on The National Lottery's range of games.
Había solicitado la residencia en Suecia en 2014 pero su petición fue rechazada dos años después por las autoridades migratorias. El ataque causó cuatro muertos y 15 heridos, nueve de ellos en estado de gravedad, entre estos niños.
NikeLab is dubbed the "company's collaborative innovation platform", but there's not an very bad lot of innovation on show here. On the inside, though, you're still getting the same Apple Watch Series 2 with an aluminum case in either 38mm or 42mm sizes.
Betting tips on a draw in football
They are fighting, especially in spring and summer, motivated teams- those who want to get into European Cups or avoid relegation. For an expert, it is a reason to ensure a stable income with the competent rates combined with rational management of the bank.
Funeral held for NY teen slain in suspected gang violence
Banegas' aunt says his funeral will be held in his native Honduras. "I hope that if he is caught, justice is done", she said. This story has been corrected to show 11 bodies have been found since September, not 11 killed since September.
Juventus' BBC is better than Barcelona's MSN
But after seeing his Juve side oust both Monaco, in the quarters, and Real, in the semis, on their way to a 3-1 final defeat by Barcelona in 2015, Allegri should be wary of Atletico.
Arkansas court won't reconsider inmate's stay
Arkansas had initially scheduled eight inmates to die over an 11-day period in April - the fastest pace of executions in decades. Circuit Judge Alice Gray has stopped the state's use of vecuronium bromide until she can determine the rightful owner.
French Open decision on Sharapova on May 15
Roland Garros will already be missing another big draw to the women's game as Serena Williams is expecting her first child. She posted a picture on Snapchat with a yellow bathing suit showing off her baby bump, captioned "20 weeks".
Suntory may sell Fountain, Saxa brands
SBF has been listed on the Tokyo Stock Exchance since 2013, and booked sales of about 1.4 trillion yen ($17.13 billion) in 2016. Suntory will retain its fresh coffee business, which is expected to be beefed up to capture a bigger share of the market.
Alison Sweeney to return to 'Days of Our Lives'
Four years after bidding Days of Our Lives adieu, Alison Sweeney is booking a trip back to Salem - and she isn't packing lightly. Sweeney's recent TV credits include Hallmark's Murder, She Baked , as well as hosting NBC's The Biggest Loser for nine years.
Verizon's profit sinks as it loses wireless subscribers
Pacific Crest restated an "equal weight" rating on shares of Verizon Communications in a research report on Tuesday, January 24th. The current share price indicate that stock is -9.38% away from its one year high and is moving 67.55% ahead of its 52-week low.