Will Smith shooting: Suspect's father shot to death by N.O. police in 2005

NEW ORLEANS — The lawyer for the man accused of killing former New Orleans Saints defensive end Will Smith says his client was the victim of a car accident just prior to the confrontation with Smith, and that when he rear-ended Smith's car,  he was following the person who had hit him.

According to attorney John Fuller, his client, Cardell Hayes was hit by a car that sped off in New Orleans’ Lower Garden District Saturday night. He began to follow the car  and he called 9/11 to report the hit and run before the incident with Smith happened.

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"He was struck in a hit-and-run prior to this incident occurring," Fuller said. "My client was hit. The person that hit him sped off. My client followed behind that person in an effort to get their license plate, and my client called 911, which will be verified in the upcoming weeks.”

It was unclear whether Fuller was saying it was Smith who had hit Hayes’ car.

“My client's car was struck from the rear. I really don't know which car (he was chasing), but all that will become apparent in upcoming weeks."

After the incident on Saturday, local media reported that Hayes had been involved in a lawsuit with the New Orleans Police Department 10 years earlier in which he claimed  police officers used excessive force when they shot and killed his father.

In what appears to be an ironic twist, one of the officers Hayes sued was William  Ceravolo who happened to have had dinner with Smith and his wife only hours before the incident.

CNN reported that New Orleans Police Superintendent Michael Harrison told members of the media Sunday that there doesn’t seem to be a connection between Ceravolo dining with Smith and the shooting that happened minutes after the dinner was over.

Hayes' attorney  told NOLA.com that his client had not stalked or targeted Smith on Saturday because he had dinner with Cerovalo, and that he had never met Smith prior to the confrontation.

Hayes filed a suit for $4 million in 2006 claiming police used excessive force to end a situation involving his father. According to the suit, the elder Hayes -- Anthony -- had a dispute with an employee at a Walgreens pharmacy, left the store and walked down the street holding a pocket knife. Police were called, they confronted Hayes with guns drawn and pepper-sprayed him several times. When he refused to cooperate, he was shot nine times, the suit reads.

Police disputed the claims in the suit saying no officer had a gun trained on Hayes when they exited their squad cars, and that he was shot by officers  as he lunged with the knife  at Ceravolo who was trying to convince him to drop the weapon.

The suit was settled in 2011 for an undisclosed amount.

In Saturday’s incident, Hayes was charged with second-degree murder. Smith, who was shot in the back and right side, died at the scene, police say.

Smith's wife, Rachel, who was in the vehicle with him, suffered two gunshot wounds to her leg.  She is expected to recover.

Hayes has been in trouble with police before.  Reuters is reporting that Hayes, 28, pleaded guilty in 2014 to a 2010 arrest on charges of illegal carrying of a weapon and possession of drug paraphernalia.  He was fined and had a suspended jail sentence.

Cox Media Group