NEW ORLEANS — The manslaughter retrial of the man who shot and killed New Orleans Saints star Will Smith nearly eight years ago was delayed Tuesday after a substitute juror walked out.
Twelve jurors and two alternates were chosen Monday for the trial of Cardell Hayes, who has long insisted he shot Smith in self-defense during a confrontation in April 2016 after a car accident. Smith was killed and his wife, Racquel Smith, was wounded by a gunshot.
But on Tuesday morning, one of the alternate jurors said they would not be able to be part of the trial due to an unspecified family problem, New Orleans media reported.
Orleans Parish Criminal Court Judge Camille Buras said the trial could not move forward with a single alternate juror, so instead of beginning opening statements, the prosecution and defense would select a substitute juror from a new group of 16 jurors. Depending on when jury selection was completed, opening arguments were expected to begin Tuesday afternoon or Wednesday.
New Orleans District Attorney Jason Williams said he was pleased with the diverse group of people 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 murder several months after the shooting. But the jury vote was 10-2, and the U.S. Supreme Court later said such convictions must be unanimous. He was released on bail after the conviction was overturned, having served more than four years of a 25-year sentence.
At his December 2016 trial, Hayes said he shot Smith, hitting him once in the side and seven times in the back, only because he believed a drunk and belligerent Smith had retrieved a gun from his truck. He insisted on the stand that he heard a “pop” before he started shooting and that he did not shoot Smith’s wife, who was hit in the legs.
Evidence showed Smith was intoxicated at the time of the confrontation. But there were no witnesses or forensic evidence to support Hayes’ claim that Smith had brandished or fired a gun.
Hayes’ retrial has been delayed several times for various 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 lead the team to a winning season in 2006 already a Super Bowl. victory in 2010.
Hayes, who owns a towing business, once played semi-pro and is the father of a teenage son.