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The Latest: Man insists he heard 2 guns when Smith died

By The Associated Press
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NEW ORLEANS (AP) — The Latest on hearings for Cardell Hayes, who was convicted of manslaughter in the shooting death of former New Orleans Saints star Will Smith (all times local):

9:50 a.m.

In sometimes rambling and emotional testimony, a New Orleans man is insisting he heard gunfire from two different weapons when Will Smith was shot to death last year.

Michael Burnside was called by lawyers for Cardell Hayes, convicted of manslaughter last year in Smith's death. Hayes's lawyers are seeking a new trial.

Burnside, in his 50s, testified that he was at his home, near the site of the shooting, when Smith was killed. He heard a series of "baps" from a low-recoil weapon, then a series of at least eight "booms" from a larger weapon.

He didn't witness Smith's killing and said he didn't realize the sounds could be related to Smith's death until reading newspaper accounts. His testimony conflicts with trial testimony indicating only one gun was fired.

___

9:15 a.m.

New Orleans Saints coach Sean Payton took a front row seat alongside family and friends of his former player Will Smith, as hearings for Smith's killer were about to get under way.

Twenty-nine-year-old Cardell Hayes faces up to 60 years in prison for manslaughter for shooting Smith to death last year, and attempted manslaughter for the wounding of Smith's wife.

But his sentencing Wednesday could be delayed because his lawyers also were to argue a motion for a new trial. Hayes has maintained that he believed Smith was armed when the two argued over a traffic dispute last year.

___

8 a.m.

Defense lawyers for the man who killed former New Orleans Saints star Will Smith have filed a motion for a new trial based on "new evidence."

Court records show the motion was filed Tuesday afternoon. The records don't spell out what the evidence is. The motion is expected to be argued Wednesday, the same day Hayes is scheduled to be sentenced. It was unclear whether the motion might lead to a sentencing delay.

The New Orleans district attorney has said Hayes deserves to be imprisoned for 60 years. That would include the maximum 40 years for Hayes' manslaughter conviction, followed by another 20 for attempted manslaughter in the wounding of Smith's wife.

The shooting came after an April 2016 traffic crash. Hayes was convicted in December.

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