NEW ORLEANS -- A Louisiana jury found Cardell Hayes guilty of manslaughter late Sunday night in the shooting death of former New Orleans Saints star Will Smith, CBS News correspondent David Begnaud reported.

Hayes was also found not guilty of second degree murder, and guilty of attempted manslaughter for shooting Smith’s wife, Racquel Smith, Begnaud reported.

BREAKING: Jury finds Cardell Hayes GUILTY of manslaughter in the death of fmr. @Saints player, Will Smith. — David Begnaud (@DavidBegnaud) December 12, 2016

“Because of the upcoming sentencing hearing, in which Racquel will provide a victim impact statement, she does not feel it is appropriate to comment on the facts of the case at this time,” her lawyer said in an emailed news release. “The main focus of Will Smith’s family is to see Mr. Hayes justly sentenced for the murder he so callously committed.”

Hayes’ family members and friends exited the court without commenting.

“We respect the jury’s verdict ... we’ll regroup tomorrow and see what the next approach is. We continue to pray for all families.”

District Attorney Leon Cannizzaro said in a news release that he would have a news conference Monday.

Saints coach Sean Payton arrived at the courthouse and was present when the verdict was read.

Jury deliberations began Sunday evening in Hayes’ trial for shooting Smith after an April 9 car crash.

Hayes, 29, took the stand a day earlier to tell jurors he only fired after Smith pulled a gun from his damaged SUV following that crash -- and only after hearing what he thought was a gunshot as Smith and another man berated him after the crash.

“I knew I was going to get shot. I was probably gonna die,” Hayes testified, according to CBS affiliate WWL. “I know for a fact I was going to get shot.”

But, during the week-long trial, Hayes was the only witness to say Smith handled a gun that night.

Will Smith #91 of the New Orleans Saints against the Carolina Panthers during their game at Bank of America Stadium on November 7, 2010 in Charlotte, North Carolina. Streeter Lecka/Getty Images

Prosecutors said he was lying and that ballistics tests indicated that the only gun fired was fired by Hayes.

State district Judge Camille Buras told jurors they could find Hayes not guilty, guilty as charged or guilty of the lesser crimes of manslaughter or negligent homicide. The second-degree murder charge carried a mandatory life sentence.

Hayes also was charged with attempted second-degree murder for the wounding of Racquel Smith, and aggravated criminal damage to property for allegedly ramming Smith’s SUV in the run-up to the shooting.

More than three hours after being given the case, jurors asked for more information on the possible lesser verdicts, and to have the law read to them again regarding burden of proof and self-defense.

Orleans Parish Criminal District Judge Camille Buras sent the four men and eight women to deliberate at 4:53 p.m. after hearing almost five hours of closing arguments and a rebuttal from Assistant District Attorneys Jason Napoli and Laura Rodrigue, and defense attorney John Fuller, CBS affiliate WWL reported.

Fuller warned jurors not to be “star-struck” by the array of past and present New Orleans Saints stars who visited the week long trial to show support for Smith’s family.

“This young man tried his best, trying to avoid doing what he had to do,” Fuller shouted during a thundering closing argument that lasted more than three and a half hours.

Prosecutors said Racqel Hayes was hit by a gunshot that tore into her leg after she had calmed her angry husband down at the crash scene.

“She then listened as the love of her life, the father of her children, was executed,” Napoli said in closing arguments, noting that Hayes fired into Smith’s body eight times, once in the side, seven in the back.

Man charged in death of ex-NFL player Will Smith

Alongwith coach Payton, Saints quarterback Drew Brees and former running back Deuce McAllister were among those who attended parts of the week long trial. Former Saints safety Steve Gleason, battling Lou Gehrig’s disease, watched closing arguments Sunday from his wheelchair in the courtroom’s middle aisle.

Napoli dismissed defense claims that a drunken Smith was the aggressor and that Hayes was defending himself in accordance with Louisiana’s “stand your ground” law. That law doesn’t apply, Napoli said, because Hayes was the aggressor and was engaged in a criminal act, having armed himself after he purposely rammed his Hummer into Smith’s Mercedes SUV.

A loaded gun was found in Smith’s vehicle but a firearms expert said there was no evidence Smith brandished or fired it.

Fuller told jurors that Hayes was the victim of an incomplete investigation. He said police failed to take a DNA sample from a cup found on the crime scene. (Hayes said Smith had thrown a drink cup at him at the beginning of their confrontation).

Fuller also said investigators failed to obtain video from a bar and two restaurants that Smith had visited with friends prior to the shooting, video that might have helped in gauging Smith’s temperament that night.

A pathologist’s report showed Smith was legally drunk, with a high alcohol level at the time of his death. He was driving with a group of friends traveling in multiple cars when his SUV appeared to lightly bump Hayes’ Hummer -- a bump captured on surveillance videos. Smith then drove off, with Hayes in pursuit.

Hayes vehemently denied that he intentionally rammed Smith’s vehicle several blocks later. He told the jury that he was trying to dial 911 and didn’t realize how close they were as he tried to report a hit-and-run.

Hayes is a small business owner, former semi-professional football player and father of a 6-year-old son. He said he’s an admirer of Smith’s career and didn’t realize the man he killed was Smith until hours after the shooting, while he was in police custody.</s>A jury convicted Cardell Hayes of manslaughter after a road rage melee that left former Saints star Will Smith dead and his wife wounded in New Orleans.

The verdict was read just before 11 p.m. Sunday. Saints head coach Sean Payton rushed to the Orleans Parish Criminal District Court in Louisiana from Florida after his football team lost 19-11 against the Tampa Bay Buccaneers.

Hayes, 29, pumped seven bullets into the 34-year-old Queens native during the April 9 attack. Smith was celebrating the French Quarter Festival with his wife, Racquel Smith, and two friends.(nydailynews.com)…[+]</s>NEW ORLEANS — The man who fatally shot retired New Orleans Saints defensive leader Will Smith was convicted of manslaughter on Sunday night, ending a week-long trial in which the defendant insisted he only fired because the popular football star was drunk, violent and had grabbed a gun following a traffic crash on the night of April 9.

Smith was part of the Saints team that lifted the stricken city’s spirits in the years after Hurricane Katrina hit in 2005, helping carry the team to a winning season in 2006 and a Super Bowl win four years later. His death at the hands of Cardell Hayes, 29, was stunning, even for a city where residents are accustomed to reports of multiple gunfire deaths every week.

Hayes faces a possible sentence of up to 40 years in prison at his sentencing on Feb. 17. Jurors opted for the lesser charge rather than second-degree murder, which would have carried a mandatory life sentence.

He also was convicted of attempted manslaughter for wounding Smith’s wife.

Hayes’ defense lawyers said Smith’s popularity led to a rush to judgment by police and prosecutors.

“I knew for a fact that I was going to get shot,” Hayes told the jury after taking the stand in his own defense Saturday. He said he not only saw the gun but heard what he believes was a gunshot before he began firing.

Hayes, however, was the only witness to say Smith armed himself that night. Prosecutors acknowledged that a loaded gun was found in Smith’s car but said there was no evidence that it was ever fired or that Smith had grabbed it.

A pathologist report showed Smith was legally drunk with a high blood-alcohol level that night, the end of a day in which he had spent time at the city’s annual French Quarter Festival, a bar and two restaurants. He, his wife and two passengers were in his Mercedes SUV the night of the shooting. They were heading from New Orleans’ Lower Garden District toward downtown when a series of events led to the shooting, beginning with Smith’s vehicle appearing to lightly bump Hayes’ Hummer — although the prosecution raised doubts that the two vehicles actually touched.

Hayes vehemently denied intentionally running into Smith’s Mercedes SUV moments later — he said he was trying to dial 911 and didn’t realize how close he was getting to Smith as he tried to report the apparent hit-and-run.

Hayes said he armed himself only after he and his own passenger were accosted by Smith and Richard Hernandez, a passenger in the Smiths’ Mercedes. Hernandez, he said, wildly stripped off his shirt and took something shiny from his pocket — Hayes said he was afraid it was a knife.

Smith didn’t initially notice the gun, Hayes said. He said Smith, 34, threw a cup containing some type of alcohol at him and punched him repeatedly. At some point during the fast-unfolding melee, Hernandez alerted Smith to Hayes’ gun, Hayes said under questioning from defense lawyer John Fuller.

Hayes testified that Smith addressed him with a racial epithet and then told him, “… you got your gun. Well I’m going to get mine and I’ll show you what to do with it.”

Hayes said Hernandez, a white Hispanic who fled the scene, also used racial epithets.

However, race has not been raised as an alleged factor in the confrontation. Hayes and Kevin O’Neal, his passenger, are black, and so was Smith.

On cross examination, Assistant Orleans Parish District Attorney Jason Napoli repeatedly noted that no other witness said Smith had a gun and that Hayes never told investigators he saw a gun in Smith’s hands that night.

“I never gave a full statement to anyone,” Hayes said, growing testy as Napoli asked about inconsistencies in his testimony and past statements.

Hayes also insisted he never shot Racquel Smith, although Napoli said ballistics evident indicates otherwise.

Calm and sometimes smiling during his early testimony, Hayes’ voice broke a bit as he talked about being separated from his 6-year-old son. Hayes has been jailed since the shooting. Hayes owns a tow truck business and also said he breeds dogs. He discussed his high school and college football career, his time as a semi-pro football player and his admiration for Smith. He said he didn’t recognize Smith the night of the shooting and grew despondent hours later upon learning he had killed the beloved football star.

“I cried like a baby,” he said.

“I said my life’s over with … They’re going to make me like I just shot and killed this man.”</s>An Orleans Parish jury found Cardell Hayes guilty of manslaughter on Sunday for pumping eight bullets into former New Orleans Saints defensive lineman Will Smith on a late April night in the Lower Garden District.

The jury of eight women and four men, deliberating for just short of six hours at the end of a blockbuster week-long trial, also found Hayes, 29, guilty of attempted manslaughter for a shot that tore through the legs of Smith’s wife, Racquel, in a fracas on the street following a three-car collision.

The jury acquitted Hayes on a third charge of aggravated criminal damage to property, refusing to endorse a claim by prosecutors that he purposefully rammed into Smith’s SUV in retaliation for a bump to the back of Hayes’ Hummer H2 on Magazine Street a short while earlier.

The jury rejected the murder and attempted murder charges that Hayes faced from an April 28 indictment that came a remarkably quick 18 days after he was arrested at the scene of a shooting that captured national headlines.

Skirting a life sentence on the murder count, Hayes still faces 20-to-40 years in prison on the manslaughter count, which includes a sentencing enhancement for the use of a firearm. Orleans Parish Criminal District Judge Camille Buras ordered a pre-sentence report and set a Feb. 17 sentencing date.

Hayes stood quietly as the verdicts were read, then ducked his head and shook it from side to side as he learned the jury had found him guilty. Racquel Smith, sitting in the front row, in the seat she occupied all week but for her turn on the witness stand Tuesday, sobbed loudly in a hushed courtroom upon hearing the verdicts.

Afterward, her late husband’s publicist, Lauren Renschler, issued a statement on Racquel Smith’s behalf that expressed gratitude for the work done by prosecutors Jason Napoli and Laura Rodrigue.

“The main focus of Will Smith’s family is to see Mr. Hayes justly sentenced for the murder he so callously committed,” read the statement. “Will’s dedication to his family, his love for his community and his desire to live life to the fullest will continue to inspire Racquel, (their children) Will Jr., Lisa, Wynter and everyone else who loved him.”

The jury voted 10-2 on both guilty verdicts. They voted unanimously on the acquittal.

In the courtroom for the verdict were Smith’s former New Orleans teammates Pierre Thomas and Deuce McAllister, as well as his ex-coach Sean Payton, who rushed back from the Saints’ game at Tampa Bay on Sunday to watch Buras’ clerk read the verdict returned against Hayes.

Afterwards, Payton gave firm handshakes and hugs to Thomas, McAllister and former New Orleans police captain William “Billy” Ceravolo, who were all witnesses called by the prosecution during Hayes’ trial.

Read more at The Advocate website.</s>On Sunday, jurors deliberated for more than five hours about whether Hayes should be found guilty on charges of manslaughter, attempted manslaughter and criminal damage.

Last April, Hayes shot Smith seven times in the back, killing him after a traffic dispute in downtown New Orleans, authorities said.

Smith's wife, Racquel Smith, was also shot twice during the incident.

Of the three charges, Hayes was found guilty of manslaughter and attempted manslaughter. Jurors found Hayes not guilty of a single count of criminal damage.</s>On Sunday, jurors deliberated for more than five hours about whether Hayes should be found guilty on charges of manslaughter, attempted manslaughter and criminal damage.

Last April, Hayes shot Smith seven times in the back, killing him after a traffic dispute in downtown New Orleans, authorities said.

Smith's wife, Racquel Smith, was also shot twice during the incident.

Of the three charges, Hayes was found guilty of manslaughter and attempted manslaughter. Jurors found Hayes not guilty of a single count of criminal damage.

"[Orleans Parish] District Attorney [Leon Cannizzaro] is gratified by the verdict," State of Assistant District Attorney Christopher S. Bowman said in a statement. "He believes that it was a victory for the Smith family as well as the citizens of New Orleans." Racquel Smith, through a media spokesperson, told CNN affiliate WDSU and other media outlets that she was "full of gratitude" for the district attorney's "hard work in presenting this case with such precision, professionalism and passion." Hayes' attorneys have said he was not the aggressor, but rather the victim of a hit-and-run the night Smith was shot. The Hayes family left the courthouse after the reading of the verdict without talking to reporters. Hayes faces a minimum sentence of 20 years in prison, according to WDSU.</s>Manslaughter conviction in death of ex-NFL star Will Smith

NEW ORLEANS -- The man who fatally shot retired New Orleans Saints defensive leader Will Smith was convicted of manslaughter on Sunday night, ending a week-long trial in which the defendant insisted he only fired because the popular football star was drunk, violent and had grabbed a gun following a traffic crash on the night of April 9.

Smith was part of the Saints team that lifted the stricken city's spirits in the years after Hurricane Katrina hit in 2005, helping carry the team to a winning season in 2006 and a Super Bowl win four years later. His death at the hands of Cardell Hayes, 29, was stunning, even for a city where residents are accustomed to reports of multiple gunfire deaths every week.

Hayes faces a possible sentence of up to 40 years in prison at his sentencing on Feb. 17. Jurors opted for the lesser charge rather than second-degree murder, which would have carried a mandatory life sentence.

He also was convicted of attempted manslaughter for wounding Smith's wife.

Hayes' defense lawyers said Smith's popularity led to a rush to judgment by police and prosecutors.

"I knew for a fact that I was going to get shot," Hayes told the jury after taking the stand in his own defense Saturday. He said he not only saw the gun but heard what he believes was a gunshot before he began firing.

Hayes, however, was the only witness to say Smith armed himself that night. Prosecutors acknowledged that a loaded gun was found in Smith's car but said there was no evidence that it was ever fired or that Smith had grabbed it.

A pathologist report showed Smith was legally drunk with a high blood-alcohol level that night, the end of a day in which he had spent time at the city's annual French Quarter Festival, a bar and two restaurants. He, his wife and two passengers were in his Mercedes SUV the night of the shooting. They were heading from New Orleans' Lower Garden District toward downtown when a series of events led to the shooting, beginning with Smith's vehicle appearing to lightly bump Hayes' Hummer -- although the prosecution raised doubts that the two vehicles actually touched.</s>NEW ORLEANS — The man who fatally shot retired New Orleans Saints defensive leader Will Smith was convicted of manslaughter on Sunday night, ending a week-long trial in which the defendant insisted he only fired because the popular football star was drunk, violent and had grabbed a gun following a traffic crash on the night of April 9.

Smith was part of the Saints team that lifted the stricken city's spirits in the years after Hurricane Katrina hit in 2005, helping carry the team to a winning season in 2006 and a Super Bowl win four years later. His death at the hands of Cardell Hayes, 29, was stunning, even for a city where residents are accustomed to reports of multiple gunfire deaths every week.

Hayes faces a possible sentence of up to 40 years in prison at his sentencing on Feb. 17. Jurors opted for the lesser charge rather than second-degree murder, which would have carried a mandatory life sentence.

Hayes also was convicted of attempted manslaughter for wounding Smith's wife, Racquel Smith.

"Because of the upcoming sentencing hearing, in which Racquel will provide a victim impact statement, she does not feel it is appropriate to comment on the facts of the case at this time," her lawyer said in an emailed news release. "The main focus of Will Smith's family is to see Mr. Hayes justly sentenced for the murder he so callously committed."

Hayes' family members and friends exited the court without commenting.

"We respect the jury's verdict ... we'll regroup tomorrow and see what the next approach is. We continue to pray for all families."

District Attorney Leon Cannizzaro said in a news release that he would have a news conference Monday.

Saints coach Sean Payton arrived at the courthouse and was present for the late Sunday verdict. Earlier, former Saints safety Steve Gleason, battling Lou Gehrig's disease, watched hours of closing arguments from his wheelchair in a center aisle of the courtroom. They were among a host of past and present Saints stars, including current quarterback Drew Brees and former running back Deuce McAllister, who attended proceedings at different points during the week.

That was one reason Fuller had cautioned jurors Sunday against being "star-struck" by the NFL luminaries.

Hayes' defense lawyers said Smith's popularity led to a rush to judgment by police and prosecutors.

"I knew for a fact that I was going to get shot," Hayes told the jury after taking the stand in his own defense Saturday. He said he not only saw the gun but heard what he believes was a gunshot before he began firing.

Hayes, however, was the only witness to say Smith armed himself that night. Prosecutors acknowledged that a loaded gun was found in Smith's car but said there was no evidence that it was ever fired or that Smith had grabbed it.

A pathologist report showed Smith was legally drunk with a high blood-alcohol level that night, the end of a day in which he had spent time at the city's annual French Quarter Festival, a bar and two restaurants. He, his wife and two passengers were in his Mercedes SUV the night of the shooting. They were heading from New Orleans' Lower Garden District toward downtown when a series of events led to the shooting, beginning with Smith's vehicle appearing to lightly bump Hayes' Hummer — although the prosecution raised doubts that the two vehicles actually touched.

Hayes vehemently denied intentionally running into Smith's Mercedes SUV moments later — he said he was trying to dial 911 and didn't realize how close he was getting to Smith as he tried to report the apparent hit-and-run.

Hayes said he armed himself only after he and his own passenger were accosted by Smith and Richard Hernandez, a passenger in the Smiths' Mercedes. Hernandez, he said, wildly stripped off his shirt and took something shiny from his pocket — Hayes said he was afraid it was a knife.

Smith didn't initially notice the gun, Hayes said. He said Smith, 34, threw a cup containing some type of alcohol at him and punched him repeatedly. At some point during the fast-unfolding melee, Hernandez alerted Smith to Hayes' gun, Hayes said under questioning from defense lawyer John Fuller.

Hayes testified that Smith addressed him with a racial epithet and then told him, "... you got your gun. Well I'm going to get mine and I'll show you what to do with it."

Hayes said Hernandez, a white Hispanic who fled the scene, also used racial epithets.

However, race has not been raised as an alleged factor in the confrontation. Hayes and Kevin O'Neal, his passenger, are black, and so was Smith.

On cross examination, Assistant Orleans Parish District Attorney Jason Napoli repeatedly noted that no other witness said Smith had a gun and that Hayes never told investigators he saw a gun in Smith's hands that night.

"I never gave a full statement to anyone," Hayes said, growing testy as Napoli asked about inconsistencies in his testimony and past statements.

Hayes also insisted he never shot Racquel Smith, although Napoli said ballistics evident indicates otherwise.

Calm and sometimes smiling during his early testimony, Hayes' voice broke a bit as he talked about being separated from his 6-year-old son. Hayes has been jailed since the shooting. Hayes owns a tow truck business and also said he breeds dogs. He discussed his high school and college football career, his time as a semi-pro football player and his admiration for Smith. He said he didn't recognize Smith the night of the shooting and grew despondent hours later upon learning he had killed the beloved football star.

"I cried like a baby," he said.

"I said my life's over with ... They're going to make me like I just shot and killed this man."</s>NEW ORLEANS — The Latest on the trial of Cardell Hayes, charged in the April shooting death of former New Orleans Saints star Will Smith (all times local):

A prosecutor is telling a New Orleans jury that former Saints star Will Smith was "executed" in April by a man who shot him eight times and wounded his wife.

Jason Napoli made the assertion as closing arguments began Sunday morning in the trial of 29-year-old Cardell Hayes. Hayes is charged with second-degree murder for shooting Smith during a confrontation over an April 9 car crash. He's also charged with attempted second-degree murder because Smith's wife was wounded that night.

Hayes testified Saturday and that he only fired after Smith had retrieved a gun from his damaged SUV.

Napoli says Hayes was an aggressor who rammed Smith's car. He dismissed defense claims that Smith was the aggressor and that Hayes is not guilty under Louisiana's "stand your ground" law.

A jury could begin deliberating Sunday in the fatal shooting of New Orleans Saints star Will Smith.

Closing arguments are expected in the trial of 29-year-old Cardell Hayes, who would face a mandatory life sentence if convicted of second-degree murder.

Hayes fatally shot the former NFL player in April following a collision between his Hummer and Smith's SUV. Hayes also is charged with attempted second-degree murder for shooting Smith's wife, Racquel, in the legs.

Hayes took the stand Saturday and said he heard what sounded like a gunshot before he fired in self-defense. He also said Smith grabbed a gun during their confrontation. No other witness said Smith was armed. Prosecutors said the loaded gun remained untouched inside Smith's damaged car.</s>NEW ORLEANS — The man who fatally shot retired New Orleans Saints defensive leader Will Smith was convicted of manslaughter on Sunday night, ending a week-long trial in which the defendant insisted he only fired because the popular football star was drunk, violent and had grabbed a gun following a traffic crash on the night of April 9.

Smith was part of the Saints team that lifted the stricken city's spirits in the years after Hurricane Katrina hit in 2005, helping carry the team to a winning season in 2006 and a Super Bowl win four years later. His death at the hands of Cardell Hayes, 29, was stunning, even for a city where residents are accustomed to reports of multiple gunfire deaths every week.

"I knew for a fact that I was going to get shot," Hayes told the jury after taking the stand in his own Saturday. He said he not only saw the gun but heard what he believes was a gunshot before he began firing.

Hayes, however, was the only witness to say Smith armed himself that night. Prosecutors acknowledged that a loaded gun was found in Smith's car but said there was no evidence that it was ever fired or that Smith had grabbed it.

A pathologist report showed Smith was legally drunk with a high blood-alcohol level that night, the end of a day in which he had spent time at the city's annual French Quarter Festival, a bar and two restaurants. He, his wife and two passengers were in his Mercedes SUV the night of the shooting. They were heading from New Orleans' Lower Garden District toward downtown when a series of events led to the shooting, beginning with Smith's vehicle appearing to lightly bump Hayes' Hummer — although the prosecution raised doubts that the two vehicles actually touched.

Hayes vehemently denied intentionally running into Smith's Mercedes SUV moments later — he said he was trying to dial 911 and didn't realize how close he was getting to Smith as he tried to report the apparent hit-and-run.

Hayes said he armed himself only after he and his own passenger were accosted by Smith and Richard Hernandez, a passenger in the Smiths' Mercedes. Hernandez, he said, wildly stripped off his shirt and took something shiny from his pocket — Hayes said he was afraid it was a knife.

Smith didn't initially notice the gun, Hayes said. He said Smith, 34, threw a cup containing some type of alcohol at him and punched him repeatedly. At some point during the fast-unfolding melee, Hernandez alerted Smith to Hayes' gun, Hayes said under questioning from lawyer John Fuller.

Hayes testified that Smith addressed him with a racial epithet and then told him, "... you got your gun. Well I'm going to get mine and I'll show you what to do with it."

However, race has not been raised as an alleged factor in the confrontation. Hayes and Kevin O'Neal, his passenger, are black, and so was Smith.

On cross examination, Assistant Orleans Parish District Attorney Jason Napoli repeatedly noted that no other witness said Smith had a gun and that Hayes never told investigators he saw a gun in Smith's hands that night.

Calm and sometimes smiling during his early testimony, Hayes' voice broke a bit as he talked about being separated from his 6-year-old son. Hayes has been jailed since the shooting. Hayes owns a tow truck business and also said he breeds dogs. He discussed his high school and college football career, his time as a semi-pro football player and his admiration for Smith. He said he didn't recognize Smith the night of the shooting and grew despondent hours later upon learning he had killed the beloved football star.
Cardell Hayes is found guilty of manslaughter by a Louisiana jury in the road rage shooting death of former New Orleans Saints star Will Smith.