Former New Orleans Saints defensive end Will Smith, 34, was shot dead on Saturday night
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Was it revenge? Father of gunman who killed former Saints player Will Smith was shot dead by cops in 2005 - and the footballer had been dining with an officer named in the lawsuit just hours before
- Former New Orleans Saints star Will Smith, 34, was shot dead last night
- Alleged gunman Cardell 'Bear' Hayes was arrested at the scene
- He was suing the city over the police shooting of his father in 2005
- Among officers named in the suit was former NOPD captain Billy Ceravolo
- Ceravolo dined with Hayes and friend Pierre Thomas just before shooting
- Smith's wife Racquel R. Joseph Smith was shot twice in the leg but is alive
- Hayes was charged with second-degree murder and held on $1million bond
Continue to story after the cut ...
A
former police chief who dined with New Orleans Saints star Will Smith
just hours before his death was named in a lawsuit by the alleged
shooter, it has emerged.
Smith,
34, was shot dead on Saturday night and his wife Racquel, also 34, was
shot twice in the right leg in New Orleans' Lower Garden District.
He
was killed after exchanging words with the driver of a Hummer H2 that
rear-ended his Mercedes G63 SUV, causing him to strike another vehicle,
police said.
Cardell 'Bear' Hayes has been arrested and charged with second-degree murder.
Just
one hour before his death, Smith was seen in a photo online with former
New Orleans Police Department commander Billy Ceravolo and former New
Orleans Saints running back Pierre Thomas.
There
is now speculation that the shooting was a revenge attack after it
emerged that Ceravolo was named in Hayes' lawsuit against the city for a
police shooting that killed his father in 2005.
Hayes'
ex-attorney confirmed that the former police captain was one of the
defendants in Hayes' case against the city after his father was shot
dead by police 11 years ago.
Ceravolo - a 25-year veteran of the force who retired in 2013 and was friends with Smith and Thomas - told WWLTV he was not at the scene of the shooting.
He added that he was not aware that Hayes had named him in his federal lawsuit.
Smith (right) was pictured dining
with former New Orleans Police Department commander Billy Ceravolo
(left) and former New Orleans Saints running back Pierre Thomas (center)
before his death. The alleged gunman was suing New Orleans over the
police shooting of his father and named Ceravolo in the legal documents
Smith died slumped behind the wheel of
his car but his wife, who was shot in the leg twice, was transported to
a nearby hospital and is expected to recover. She came out of surgery
and was 'doing well' this evening
Hayes'
allegedly mentally unstable father, Anthony, got into an argument with
an employee at a pharmacy while holding a pocket knife in 2005.
Police said he lunged at an officer and sergeants Jeffrey Walls and Jeffrey Hochman and officer Gary Kessel shot him dead.
A judge later ruled that legal force was justified.
Hayes was suing the city and named six officers in the shooting, according to Fox News, saying non-lethal force such as a stun gun should have been used to subdue his father, but police did not have them.
The lawsuit filed on behalf of Hayes' son had sought $4million in damages.
That case was settled in 2011 for an undisclosed 'large' sum, attorney Ike Spears said.
Police
had no information to suggest that the fatal shooting of Hayes’ father
in 2005 had any link to the killing of Smith, NOPD
superintendent Michael Harrison said.
'Our
investigation continues as to motive of the shooting, and whether or
not Smith and Hayes knew each other prior to this incident,' Harrison
said.
Hayes was arrested (pictured) at the
scene of Smith's murder for allegedly fatally shooting Smith and
shooting his wife Racquel Joseph Smith in the leg
Ceravolo (right), who considered Smith (left) and Thomas 'personal friends', said he did not know he was named in the lawsuit
Anthony Hayes (circled in 2005) was
shot and killed by New Orleans police in 2005 after they say he lunged
at them with a pocket knife
Ceravolo (circled) served the New
Orleans Police Department for 25 years and was captain of the force when
he was named in the lawsuit. He retired from the NOPD in 2013
Hayes was arrested after he rear-ended Smith's car and allegedly shot the Super Bowl winner multiple times.
The
crash, which happened around 11.30pm Saturday night, caused Smith's
$115,400 Mercedes Benz G-Class SUV to rear-end the Chevy Impala in front
of him, driven by his friend, according to CBS News.
Smith then walked over to confront Hayes and the two men exchanged words, NOLA.com reported.
It
is unclear when Smith walked back to his car after confronting the
28-year-old, but Hayes allegedly pulled out a handgun and unleashed a
barrage of bullets at Smith and his wife, Racquel R. Joseph Smith.
Smith
died slumped behind the wheel of his car but his wife, who was shot in
the leg twice, was transported to a nearby hospital and is expected to
recover. She came out of surgery and was 'doing well' this evening.
Officers arrived at the scene within four minutes of the shooting, Harrison said, according to the Advocate.
'The
driver of the Hummer shot Smith multiple times and his 34-year-old wife
twice in the right leg,' NOPD spokesman Juan Barnes said in a
statement.
Hayes stayed at the crime scene until police arrived, the New York Daily News reported.
A
witness at the scene, Janis Baehr, a tourist in town for the French
Quarter Festival, said she was walking near the intersection and heard
six to eight gunshots, NOLA.com reported.
Smith’s bullet-ridden vehicle was towed away shortly after the shooting by police.
Hayes was booked into the Orleans Parish jail at approximately 9.15am on Sunday and is being held on a $1million bond
Hayes, who also played football and was a top prospect in Louisiana in
2004, waited at the scene where he allegedly shot Smith (right) until
police arrived to arrest and charge him
Hayes’
gun was the only one confiscated from the scene and three cars were
searched by police. Police are trying to determine whether the handgun
was legally owned.
Hayes has been charged with second-degree murder, which implies that police believe the shooting was not premeditated.
He is being held at BKG Booking in New Orleans on a $1million bond and is yet to submit a plea.
He
has just one other arrest on his record. He was charged with illegal
carrying of a weapon, illegal possession of codeine and possession of
drug paraphernalia, among other charges, in 2010, according to NOLA.com.
Hayes pleaded guilty in June 2012 to the weapons charge and possession of codeine. He was given a 5-year prison sentence but it was immediately suspended.
He withdrew his guilty plea the following month and in June 2013 rejected a plea offer from prosecutors.
In
January 2014 he pleaded guilty to a reduced weapons charge and to a
count of possession of drug paraphernalia and was given a suspended
six-month sentence, records show.
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