He saw a man in a multicolored shirt, later determinedto be Kevin O'Neal, Hayes' passenger, standing with a silver gun pointed in the air. McGawtestified he went up to O'Neal and Hayes at the scene. McGaw testified that Hayes relayed the exchange between Will Smith and himself. Hayes told McGaw Will Smith told him,"'You have a gun, I'm goingto get my gun,'" then Hayes added, "What was I supposed to do?" The 911 call placed by McGaw was then played for the jury. Hayes and O'Neal can be heard during part of the recording.A woman's voice can be heard yelling out. The voicesare somewhat inaudible, but Napoli played the part with Hayes' statement for the jury twice. McGaw testified that he checked Will Smith's artery near his neck the most he felt, if anything,was Will Smith'sheart "fluttering" rather than "beating fully." McGaw, a former EMT, said the flutter was "an indication that theheart is actually shutting down." McGawsaid he went to the women he later learned was Racquel Smith and observed that because she had no large pools of blood or other life-threatening signs, that she was "not a priority casualty." 3:03 p.m. AssistantDistrict Attorney Laura Rodrigue called Stephen Cacioppo to the stand. Cacioppo lives on Sophie Wright Place near the crime scene in the Lower Garden District. He was on his sofa and fell asleep while watching Saturday Night Live when he heard arguing and looked out the window, he testified. Cacioppo said he heardarguing for about a minute before he went to the window. He saw two large guys arguing -- determinedto be Hayes and Will Smith -- and a woman came in between them, he testified. Rodrigue clarified the woman was Smith's wife, Racquel. About that same time, Cacioppo said, "my attention was drawn to a white guy with no shirt," who "sporadically comesinto thescene." Cacioppo said the manwith no shirt, who was determinedto be the passenger in Will Smith's Mercedes, Richard Hernandez,was acting "ridiculous." He testified Hernandez was "bouncing around," and "looked like he wanted to go in" (the fight), but was "maybe not wanting to go." And then a woman, determinedto be Hernandez's wife Rebecca Dooley, pulled him away. "I couldn't take my eyes off him," Cacioppo said of Hernandez. He said he thoughtat the time of Hernandez, "I couldn't see him winning a fight." Cacioppo said he then saw a gun. "I told my wife, 'There's a gun out,'" he said.
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In order for the state of Minnesota to convict you of DWP and impose the full penalties allowed by law, the arresting officer and the government must correctly follow a long list of established rules and procedures. These are just some of the feelings that people have when they have been arrested for a DWP/GUI in Harris County, Texas. Feel like the police took advantage of you? The lawyers at Johnson, Johnson & Barr,P.C. have spent years training and perfecting their skills to defend DWP and other alcohol related offences. Here are the most important ones that you need to know about: When you abuse the privileges granted in your driver’s license by drinking and driving, the state penalizes you by taking away your license. Johnson, Johnson & Barr, P.C. focuses on representing citizens accused of Driving While Intoxicated DWP, Driving Under the Influence GUI, Intoxication Assault, Intoxication Manslaughter and all other alcohol related drunk driving offences in the State of Texas. We have the most skilled GUI lawyers found throughout each of the 50 states and can link you to the ideal GUI attorneys you have been searching for. We guarantee to answer all of your questions. If you would like to find out more about GUI penalties in your state, you should contact a GUI lawyer in your area. The principals of the firm have defended hundreds of DWP cases over the course of their careers. The Government is required to show that: The arresting officer had a valid reason to stop you or come in contact with you, The arresting officer had probable cause to arrest you, The officer giving field sobriety tests was properly trained, The field sobriety tests were given correctly, The equipment used by the officer was working properly, The person operating the equipment was certified in the use of the equipment, The equipment was in working order at the time of its use, and; The machine did what it was supposed to do The person charged with DWP was intoxicated. REQUEST A FREE CONSULTATION NOW You thought a DWP in Harris County, Texas could never happen to you or someone close to you, but now you have suddenly realized you are in a situation that you never expected.
Felony Conviction on your Record Repeat convictions for DWP in Minnesota will result in a felony conviction on your record. So please take a look around the site and don’t hesitate to ask a question on the contact page if you need an answer, thank you for visiting! They have misconceptions about how to fight their DWP prosecution. This article will explain what you need to know about GUI and drunk driving. An accident may simply cause damage to the cars involved.