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Will Smith's wife Racquel was shot first, attorney says

The wife of slain former Saints player Will Smith was reportedly shot before her husband was killed during an incident on April 9, the Smith family attorney said Wednesday. 

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According to attorney Peter Thomson, Racquel Smith was deliberately shot first by Cardell Hayes, 28, who later shot and killed Will Smith. Racquel Smith suffered gunshot wounds to both legs and remains at University Medical Center in New Orleans, where she is being treated.

Hayes' defense attorney has said that an altercation ensued between Hayes and Will Smith after Smith brandished a weapon, leading Hayes to feel "threatened."

"Smith had a gun and was going to shoot it and Cardell may have saved both of their lives," attorney Tanzanike Ruffin told NBC Sports. "In my mind, this is justifiable homicide. We assume Will Smith is a saint, but he's not."

>> Will Smith shooting: Guns found, possible stand your ground defense

A loaded 9 mm handgun was found Saturday night in Will Smith's SUV, but the weapon did not appear to have been fired in the incident, law enforcement authorities said.

"I am not aware of any threats by Mr. Smith to go get a gun," said Thomson, who also said that Will Smith was licensed to carry a concealed weapon but that he never had a chance to take his gun out of a console in his car before Hayes shot him. "I'm aware of nothing that Will Smith did that would cause this killer to be afraid for his life. There's nothing Will Smith could have ever said to have caused that specific intent to shoot and kill him and specific intent to shoot his wife."

According to police, the incident in which Will Smith was killed started when Hayes’ vehicle was rear-ended by Smith’s SUV. Will Smith drove off and Hayes followed, rear-ending Will Smith about a block and a half from the first incident. The two men got out of their vehicles and argued, police said.
"(Hayes) was enraged, yelling and cursing," Thomson said at a news conference, referring to video surveillance that captured the incident.
"(Racquel Smith) was actually telling the shooter, before the shooting occurred, 'Leave us alone. Go back to your car. We have children. This is not worth this,'" Thomson said. "And (she was) holding her hand up to him to ask him to stop."
Hayes shot at Will Smith, striking him in the back eight times, killing him and injuring his wife, authorities said.
"At no time during this event did Will Smith either brandish or carry a firearm," Thomson said.
"Hayes was on the scene when officers arrived and identified himself as the shooter. Detectives detained and questioned Hayes. Based on the interview and evidence gathered from the scene, detectives arrested Hayes and booked him (on charges of) second-degree murder. An additional charge for Racquel Smith's injury is pending further investigation," a statement from New Orleans police said.
>> Will Smith dined with cop accused of killing Cardell Hayes' father

Will Smith, 34, was drafted by the Saints in 2004 and played nine seasons with the team. The shooting happened Saturday night in the Lower Garden District of New Orleans.

>> Family, New Orleans Saints mourn loss of Will Smith

On Sunday, a judge set Hayes' bail at $1 million. He has not entered a plea.

"(Racquel) asked me to say that Will was a wonderful husband, wonderful father, adored by her and her children," Thompson said. "She considered him her Superman. And that night, as he always does, he was trying to protect her the best he could."

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