Cardell Hayes Indicted for Murder of Will Smith as PI Testifies that Former NOPD Removed Gun from Smith's Car

The Will Smith murder case in New Orleans has been a strange affair from the start, and it keeps getting stranger. While a preliminary hearing in the case was being held in one courtroom, a Grand Jury was convening across the street to decide whether to indict Cardell Hayes for Smith's murder. There was a lot of legal maneuvering from the outset of the preliminary hearing—you can find a live accounting of the events here. John Fuller, Hayes' attorney, accused the prosecution of taking Hayes before the grand jury without his knowledge, but assistant district attorney Mark Burton noted that Fuller actually asked to have Hayes testify and pointed to a letter taking Fuller up on that request, noting the appropriate date and time. Fuller said they didn't accept it and called the move "ethically questionable, at least."

There were a couple of recesses to decided how to proceed before the judge ruled that the preliminary hearing would continue. The grand jury also continued to meet as this was all going on. After calling a few witnesses, Fuller presented a private investigator who began to testify that former New Orleans police officer Billy Ceravolo took a gun out of Smith's car after the shooting. Ceravolo, who was dining with Smith that night before the events unfolded, was an officer involved in the shooting death of Hayes' father in 2006. Three officers shot Anthony Hayes after he charged at Ceravolo with a knife. Hayes sued the city and won a settlement in 2011.

As the testimony was being heard about the removal of the gun from Smith's car, the court learned that Hayes had been indicted for second degree murder for the killing of Will Smith, attempted second degree murder for the shooting of his wife Racquel, and lesser included offenses. It lead to a pretty wild scene.

Indictment on its way over from DA' s office for Cardell Hayes in Will Smith's killing, even as prelim hearing going on.
— John Simerman (@johnsimerman) April 28, 2016

PI for defense: Witness saw white man take gun from Will Smith's Mercedes SUV after shooting, said it looked like Smith reached for somthing
— John Simerman (@johnsimerman) April 28, 2016

DA rushes in with indictment to halt prelim as PI testifies to witness saying she saw ex-NOPD Billy Ceravolo take gun from Smith's car
— John Simerman (@johnsimerman) April 28, 2016

Judge Tracey Flemings-Davillier sets total bond for Cardell Hayes at $1.75M
— Matt Sledge (@mgsledge) April 28, 2016

This scenario is probably what Fuller was alluding to on April 17, when he mentioned someone witnessed "untoward activity" at the scene.

But that was not the only wild scene in the courthouse today. During another pause in the preliminary hearing, a fight broke out outside the courtroom.

And a fight breaks out in anteroom to courtroom during pause in Cardell Hayes hearing
— John Simerman (@johnsimerman) April 28, 2016

Two women detained for fight outside prelim hearing in Will Smith killing. "It was more than a pushing and shoving match," sheriff atty says
— John Simerman (@johnsimerman) April 28, 2016

Please remember, this is not even the trial. These are proceedings just to see if there should be a trial and it's already a circus.