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Attorney says Cardell Hayes wants to testify in Will Smith grand jury

NEW ORLEANS -- The attorney for Cardell Hayes said Hayes wants to testify before a grand jury that will decide whether to indict him for the second-degree murder of former New Orleans Saints defensive end Will Smith.

The attorney, John Fuller, said he made multiple requests to have Hayes testify but has not heard back from New Orleans District Attorney Leon Cannizzaro, who determines who will testify in such a hearing.

If a grand jury decides to indict Hayes, then there will be no need for a preliminary hearing, in which both sides would present portions of their cases and question witnesses. The preliminary hearing is scheduled for April 28.

Hayes' desire to testify was first reported by the New Orleans Advocate. Hayes said the grand jury was meeting about the case Thursday, and he said he expects the hearing to continue beyond Thursday.

Smith was shot and killed April 9 in New Orleans. Police arrested Hayes, 28, on charges of second-degree murder.

Police said Hayes' Hummer hit Smith's Mercedes SUV from behind. An argument ensued, and Hayes then shot Smith and his wife, police said. Smith's wife survived.

Information from The Associated Press was used in this report.