The man who shot and killed former Saints defensive end Will Smith is relying on the “stand your ground” defense. That defense got a boost on Thursday, via the trial testimony of Kevin O’Neal.
O’Neal, a friend of defender Cardell Hayes, testified that Smith was the aggressor. Pressed by a prosecutor regarding the reality that Smith’s family no longer has him in their lives, O’Neal reportedly became loud.
“Did her husband bring [about] his own demise?” O’Neal said, via ESPN.com. “I’m just asking. He attacked [Hayes] from the beginning to the end of that situation. At no point in time did I ever see [Hayes] irate or aggressive with anyone out there. At no point in time, my God’s honest truth, did I ever see [Hayes] get angry.”
O’Neal made his opinion clear: “Before anyone was shot, Mr. Hayes was under attack as well as myself. Point blank period.”
The testimony from O’Neal, along with all other evidence that will be introduced, demonstrates the ugly, awkward task of reconstructing words, deeds, and emotions when attempting to determine whether a killing was justified under the “stand your ground” law. It’s one thing to support self-defense in the abstract; it’s another thing to determine whether self-defense actually occurred, or whether it’s being used as a safe harbor for criminal misconduct.