NEW ORLEANS (AP) — The person who fatally shot retired NFL star Will Smith throughout a confrontation following a automobile crash in 2016 is scheduled for sentencing Thursday in a New Orleans courtroom.

It’s the second time Cardell Hayes, 36, has confronted sentencing in Smith’s loss of life. He was convicted of manslaughter in December 2016 and later sentenced to 25 years. However the jury vote had been 10-2 and the conviction was later tossed after the U.S. Supreme Court docket outlawed such non-unanimous verdicts.

Hayes was launched on bond after having served greater than 4 years of the unique sentence. He remained free throughout a number of retrial delays, some because of the COVID-19 pandemic. However he was taken again into custody following the unanimous Jan. 27 verdict and has been awaiting sentencing on the New Orleans jail.

Whereas ready for court docket to open, about two dozen of Hayes’ household and associates fashioned a circle and prayed within the huge courthouse hallway.

As soon as the courtroom was opened, Hayes’ supporters crammed the seats behind Hayes, who was sitting on the protection desk, carrying an orange jumpsuit and shackles.

Smith was shot eight instances — seven instances within the again — throughout a confrontation with Hayes that occurred after Hayes’ SUV struck the rear of Smith’s car.

Hayes has lengthy mentioned he fired in self-defense. He mentioned he fired solely as a result of he believed a drunken and belligerent Smith had retrieved a gun from his SUV. He insisted on the stand that he heard a “pop” earlier than he began capturing and that he didn’t shoot at Smith’s spouse, Racquel, who was hit within the legs.

Proof confirmed Smith was intoxicated on the time of the confrontation. However there was no witness or forensic proof to again up Hayes’ declare that Smith had wielded or fired a weapon. On the January retrial, protection legal professional John Fuller didn’t name Hayes to testify, however insisted prosecutors had did not show Hayes didn’t fireplace in self-defense.

The overturned verdicts from the 2016 jury additionally included an tried manslaughter conviction within the wounding of Racquel Smith. Hayes was acquitted of that cost at January’s second trial.

Smith, a 34-year-old father of three, was a defensive chief on the Saints group that lifted spirits in New Orleans after Hurricane Katrina devastated the town in 2005. He helped carry the group to a profitable season in 2006 and a Tremendous Bowl victory in 2010.

Hayes, who owned a tow truck enterprise, as soon as performed semi-pro soccer and is the daddy of a younger son.