Manslaughter in NFL death

Photo: The Canadian Press

John Fuller, attorney for Cardell Hayes, leaves Orleans Parish Criminal District Court 

The man who killed retired New Orleans Saints star Will Smith faces up to 40 years in prison after being convicted of manslaughter, rather than the more serious second-degree murder charge he faced.

Cardell Hayes was found guilty Sunday night after insisting that he only fired because the popular football star was drunk and violent and had grabbed a gun following their collision in traffic last April.

No one else testified Smith ever held his gun, which was found loaded but unused inside his car.

Smith was a defensive leader on the Saints team that lifted spirits in New Orleans after Hurricane Katrina hit in 2005. He helped carry the team to a winning season in 2006 and a Super Bowl win four years later.

His death in a dispute over traffic was shocking, even for a city where residents are accustomed to a high rate of homicides.

Hayes, 29, will be sentenced on Feb. 17. He also was convicted of attempted manslaughter for wounding Smith's wife, Racquel Smith.

A murder conviction would have sent Hayes to prison for life. Now Smith's family is focused on persuading the judge to deliver a harsh sentence.

"The main focus of Will Smith's family is to see Mr. Hayes justly sentenced for the murder he so callously committed," a statement from their publicist said. "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."

Friends and relatives of Hayes, a former semi-pro football player who owns a towing company, left court without commenting Sunday night.

Hayes' defence said Smith's popularity led to a rush to judgment by police and prosecutors. Assistant District Attorney Laura Rodrigue countered that the defence was trying to smear Smith.