The Latest: Police plan to add charge against Hayes

FILE - In this Dec. 27, 2010, file photo, New Orleans Saints defensive end Will Smith (91) celebrates a 17-14 win over the Atlanta Falcons in an NFL football game in Atlanta. Smith was fatally shot after a traffic accident in New Orleans. (AP Photo/David Goldman, File)
AP

NEW ORLEANS (AP) The Latest on fatal shooting of former New Orleans Saints player (all times local):

5 p.m.

New Orleans Police say they plan to add a new charge against the man accused of killing former Saints player Will Smith.

Spokesman Tyler Gamble said Monday that the charge will involve the shooting of Smith's wife, Racquel. He says investigators have not yet decided whether to re-arrest Cardell Hayes on a charge of attempted murder or aggravated battery in the shooting that left her with a leg injury.

Gamble says that because of the continuing investigation he could not comment Monday on statements by Hayes' attorney, John Fuller, that Hayes called 911 shortly before a car crash that police say touched off the deadly shooting.

Fuller said a hit-and-run driver had rear-ended Hayes, who was trying to catch up to that vehicle and get a license plate number when he ran into Smith's Mercedes SUV late Saturday.

Earlier in court, Fuller got an order to preserve all ballistic evidence from the scene. He would not say whether he believes two guns were fired. He says many people at the scene felt threatened – not by Hayes – but he would not say why they felt threatened.

7:25 a.m.

The 28-year-old man accused of killing a former New Orleans Saints player will appear before a state judge in Orleans Parish Criminal Court.

Cardell Hayes is being held one $1 million bond in the death of Will Smith. Hayes will appear in magistrate's court Monday at 3 p.m. to let the court know of his permanent attorney.

Attorney John Fuller represented Hayes at a bond hearing Sunday evening. But he says he won't be able to work as an attorney starting May 2, because he is beginning a temporary appointment as a judge.

Fuller tried to get a lower bond Sunday, but said afterward that he'd told Hayes to expect bond on that charge to run between $1 million and $1.5 million.

Police say Smith and his wife were shot late Saturday night after a traffic accident in the city's Lower Garden District.

—–

3:40 a.m.

Former New Orleans Saints player Will Smith was shot in the back and side, according to a warrant read in court Sunday night before a magistrate set a $1 million bond for the man accused of killing him.

Police said Smith, 34, was killed in a case of road rage by a man who had rear-ended his car. They arrested Cardell Hayes, 28, on a charge of second-degree murder. Prosecutors have 60 days to decide whether to bring that charge against Hayes.

Hayes' Humvee H2 rear-ended Smith's Mercedes G63 around 11:30 p.m. Saturday in the upscale Lower Garden District, pushing it into a Chevrolet Impala driven by two of Smith's acquaintances. The two argued, and Hayes shot both Smith and Smith's wife, Racquel, police said. She was taken to a hospital with a leg wound.

Defense attorney John Fuller asked for low bond Sunday night, noting that Hayes had waited for police, owns a towing business and is raising his 5-year-old son.