Cardell Hayes was convicted of manslaughter and attempt manslaughter in December 2016 in the death of former Saints defensive end Will Smith. But the U.S. Supreme Court overturned his convictions last July after finding nonunanimous jury verdicts unconstitutional.
Hayes is scheduled to be tried again in August.
His retrial originally was scheduled for Oct. 18, 2021, but was postponed by the COVID-19 pandemic and Hurricane Ida. It was rescheduled for Monday and then postponed again.
Orleans Parish Criminal District Judge Camille Buras set an Aug. 22 date after a conference with attorneys Monday, The Times-Picayune reports.
In 2016, Hayes and Smith engaged in an argument after their vehicles collided. Hayes then fatally shot Smith seven times in the back and once in the side as Smith was walking away. Smith’s wife, Racquel, was struck in the leg. Hayes claimed he acted in self-defense.
Hayes was serving a 25-year prison sentence from the non-unanimous conviction (10-2) handed down in 2017. He’s currently free on bond while awaiting a new trial.
