Trial of Will Smith"s shooter Cardell Hayes: Live coverage of Day 3

Will Smith - Gettin" Jiggy Wit It

The murder trial of Will Smith"s accused killer Cardell Hayes is taking place at New Orleans" criminal courthouse. Below is our live blog.Read more trial coverage here.

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10:38 a.m.

Defense attorney John Fuller questioning Richard Hernandez, a passenger in Will Smithcar who took off his shirt prior to the shooting, on cross examination. She asks Hernandez to tell the jury what it means "in New Orleans" when you take off your shirt on the street. Prosecutor Laura Rodrigue objects to the question, and Fuller says he"ll get back to that without getting an answer from Hernandez.

Hernandez testifies he drank one Grey Goose and vodka drink at Ruth"s ChrisSteak House, one at at Barcadia and one at Saki Cafe.

He answers Fuller that he is not sure how many drinks Will Smithhad that night.

"I don"t think anybody does," Fuller answers.

Not mentioned yet at trial: Records saytoxicology results showed Will Smith"s blood alcohol level as three times the legal limit at the time of the crash. Prosecutor Jason Napoli, however, acknowledged during opening statement that Will Smith had been drinking and driving. He noted the trial was not for a DWI for Will Smith, but a murder trial charging Hayes.

Fuller gets back to the shirt. He gets Hernandez to say that it"s not normal behavior to take of your shirt after getting involvedin a vehicle accident.

Fuller asked Hernandez if he said at the scenes, "I will f------ kill you, n-----."

Hernandez calmly answers, "I never said that."

Fuller asks Hernandez why witnesses say they heard Hernandez say that. Hernandez answershe didn"t know.

10:30 a.m.

Prosecutor Jason Napoli asks Richard Hernandez, a passenger in Will Smith"s Mercedes, why he took his shirt off.

"I felt therewas a fight about to happen," Hernandez answers. "I couldread his body language, the way he was looking at me," he said. Unclear if Hernandez referring to Kevin O"Neal, Hayes" passenger, or Hayes.

He said O"Neal swung at him so hard that O"Neal lost his balance. That"s when, he said, "my wife dragged me off."

He says he didn"t know Will Smith was shot until his wife told him. He did not see Will Smith get shot.

He said he heard Hayes say after the shooting, "Where"s the white boy." He testifiedhe thought to himself, "I"m next," so he left the scene. He said he"got in a taxi and left" without his wife because, "I feared for my life."

10:20 a.m.

Richard Hernandez, the front passenger in Will Smith"s Mercedes the night of theshooting, takes the stand.

He is the husband of previous witness, Rebecca Dooley, and was the man described by witnessat the scene and by his wife and Racquel Smith as the upset man who took off his shirt at the scene. She was the front passenger in Will Smith"s Mercedes, his wife testified.

Hernandez said he has two children and is a boatoperator.

Seating position in the Mercedes that night was: Will Smith in driver"s seat; Racquel Smith in back seat, on the driver"s side; Hernandez in front passengerseat; and Dooley in back seat, on the passenger side.

Hernandez said he did not think that the Mercedes made contact with the Hayes" Hummer prior to the crash when the Hummer hit the Mercedes.

10:11 a.m.

Prosecutor Laura Rodrigue, duringredirect questioning of Rebecca Dooley, a passenger in Will Smith"s Mercedes, asks her again to describe the shooting of Will Smith.

"I just seen his body jolt, and fall into the car," she said of Will Smith. Then Rodrigue asked to recall a"second round of shots."

In tears and with a broken voice, Dooley testified: "I just remember seeinghim walk toward Will and continueto shoot and Willwasn"t even moving."

Rodrigue also sought to have Dooley clarify why she and her husband hired an attorney. Dooley said she hired an attorney after she saw on the news defense attorney John Fuller allege that those in Will Smith"s group were the "aggressors."

Rodrigue asked her if she hired an attorney, also, because every one else at the scene had. Dooley confirmed that was another reason they hired an attorney.

9:53 a.m.

Rebecca Dooley, a passenger in Will Smith"s Mercedes the night he was killed, testified that her husband, Richard Hernandez, left the scene before police arrived while she was tending to Racquel Smith. "He did leave," she said.

She didn"t see the first shot, Dooley testified, but she heard it and heard who she thoughtwasRacquelsaysomeone was shooting. Then she turned and saw Hayes shooting at Smith near the Mercedes.

Dooley testified she heard Hayes say, "Where"s that white boy," and she worried for the safety of her and her husband.

Daniels points out that despite her statement that Will Smith was not aggressive, she testifies that she and Racquel were trying to calm down Will Smith.

9:39 a.m.

Defense attorney Jay Daniels, during a cross examination of Rebecca Dooley, asked if it was correct that she did not mention her husband, Richard Hernandez when she was questioned New Orleans Police Det.TindellMurdoch. Dooley says she can"t recall what she mentioned.

Dooley confirms her husband was the one who took off his shirt at the scene. Racquel Smithtestified Tuesday Hernandez had taken his shirt off and was jumping around, upset.

Daniels asks Dooley if she heard her husband say to Hayes, "I"m goin" to kill you,"and called hima racial epithet.She answers no.

Dooley repeats again that she thought the situation was "diffused"when Will Smith went back to his Mercedes.

Dooley asks Daniels her and her husband retained an attorney. She said yes, confirms it was MartinRegan.

9:10 a.m.

Rebecca Dooley, a passenger in Will Smith"s Mercedes SUV the night of the shooting, is on the stand. During questioning from prosecutor Laura Rodrigue, she is recounting that night with the Smith couple prior to the crash, shooting.

Dooley testified she heard Hayes and Will Smith arguing. She heardWill Smith say, "You did that on purpose." And Hayes answered, "You hit me first," Dooley said.

Rodrigue asked Dooley if she saw any "physical contact" between Will Smith and Hayes.

"No ma"am," she testified.

when will smith went back to his Mercedes -- the point at whichthe defense says he went to get a gun -- Dooley said she thought he might have gone to get his cell phone to call police. Dooleysaid she never saw him reach into the Mercedes. She agreed withRodrigue that at that point, "the situation had been diffused."

Dooley said she didn"t know right away that Racquel had been shot. When she heard Racquel crying for help, she went to assist her.

Rebecca Dooley, a passenger in Will Smith"s Mercedes SUV the night he was killed, walks into Orleans Criminal District Court Wednesday, Dec. 7, 2016. Dooley was the first witnessed called Wednesday. (Michael DeMocker, NOLA.com | The Times-Picayune) Emily Lane, NOLA.com | The Times-Picayune

8:57 a.m.

Orleans Criminal District Judge Camille Buras has taken thebench.

The courtroom gallery is almost filled out with threeminutes until the trial is expected to resume at 9 a.m.

DeuceMcAllister is back in the front row, as he was on Tuesday (Dec. 6). He is seated a few people down from Will Smith"s widow, Racquel Smith. McAllister was the first witness called by prosecutors.

Racquel Smith was the last witness of the day to testify. For the first time, she gave her account of what happened the night her husband was killed.

Also testifying Tuesday was New Orleans Police Department Det. Robert Bachelder, the first homicidedetective on the scene the night of the April 9 shooting.

AssistantDistrict AttorneyJason Napoli and Hayes" defense attorney Jay Daniels started the day Tuesday by giving opening statements. Napoli, along with Assistant District Attorney Laura Rodrigue questioned witnesses for the prosecution.

Read reporter Ken Daley"s story about five things we learned Tuesday.

Source: http://www.nola.com/crime/index.ssf/2016/12/will_smith_trial_cardell_hayes.html