Witness says former NFL player Will Smith had a gun the night he died

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Witness Says Former NFL Player Will Smith Had a Gun the Night He Died

A witness says she saw former NFL player Will Smith with a gun in his hand before he was shot dead over the weekend, according to the defense attorney in the case.

"I cannot state what my witness told me she witnessed on that night right now because she fears for her life," defense attorney John Fuller said.

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Former New Orleans Saints player Will Smith throughout his career
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Witness says former NFL player Will Smith had a gun the night he died
NEW ORLEANS, LA - AUGUST 16: Will Smith #91 of the New Orleans Saints anticipates a play during a preseason game against the Oakland Raiders at the Mercedes-Benz Superdome on August 16, 2013 in New Orleans, Louisiana. The Saints won 28-20. (Photo by Stacy Revere/Getty Images)
HOUSTON, TX - AUGUST 25: Ben Tate #44 of the Houston Texans rushes past Will Smith #91 of the New Orleans Saints at Reliant Stadium on August 25, 2013 in Houston, Texas. (Photo by Bob Levey/Getty Images)
NEW ORLEANS, LA - AUGUST 16: Matt Flynn #15 of the Oakland Raiders is sacked by Will Smith #91 of the New Orleans Saints during a preseason game at the Mercedes-Benz Superdome on August 16, 2013 in New Orleans, Louisiana. (Photo by Stacy Revere/Getty Images)
METAIRIE, LA - MAY 23: Will Smith #91 of the New Orleans Saints participates in drills during organized team activities, OTA's, at the Saints training facility on May 23, 2013 in Metairie, Louisiana. (Photo by Stacy Revere/Getty Images)
NEW ORLEANS, LA - SEPTEMBER 09: Will Smith #91 of the New Orleans Saints walks off the field after a play against the Washington Redskins at Mercedes-Benz Superdome on September 9, 2012 in New Orleans, Louisiana. (Photo by Chris Graythen/Getty Images)
NEW ORLEANS, LA - AUGUST 17: Will Smith #91 of the New Orleans Saints during the game against the Jacksonville Jaguars at the Mercedes-Benz Superdome on August 17, 2012 in New Orleans, Louisiana. (Photo by Chris Graythen/Getty Images)
NEW ORLEANS, LA - AUGUST 25: Will Smith #91 of the New Orleans Saints at the Mercedes-Benz Superdome on August 25, 2012 in New Orleans, Louisiana. (Photo by Chris Graythen/Getty Images)
METAIRIE, LA - MAY 24: Will Smith #91 of the New Orleans Saints stretches during OTA's at the Saints Training Facility on May 24, 2012 in Metairie, Louisiana. (Photo by Sean Gardner/Getty Images)
NEW ORLEANS, LA - DECEMBER 26: Will Smith #91 of the New Orleans Saints walks to the sidelines during a game against the Atlanta Falcons at Mercedes-Benz Superdome on December 26, 2011 in New Orleans, Louisiana. The Saints defeated the Falcons 45-16. (Photo by Wesley Hitt/Getty Images)
NEW ORLEANS, LA - OCTOBER 23: Will Smith #91 of the New Orleans Saints stands on the sideline during a game against the Indianapolis Colts being held at Mercedes-Benz Superdome on October 23, 2011 in New Orleans, Louisiana. The Saints defeated the Colts 62-7. (Photo by Stacy Revere/Getty Images)
SEATTLE, WA - JANUARY 08: Will Smith #91 and Jonathan Vilma #51 of the New Orleans Saints take the field against the Seattle Seahawks during the 2011 NFC wild-card playoff game at Qwest Field on January 8, 2011 in Seattle, Washington. (Photo by Jonathan Ferrey/Getty Images)
METAIRE, LA - CIRCA 2011: In this handout image provided by the NFL, Will Smith of the New Orleans Saints poses for his NFL headshot circa 2011 in Metairie, Louisiana. (Photo by NFL via Getty Images)
New Orleans Saints linebacker Will Smith (91) signs autographs after an NFL football practice at the team's training facility in Metairie, La., Tuesday, June 4, 2013. (AP Photo/Bill Haber)
FILE - This Dec. 9, 2012 file photo shows New Orleans Saints defensive end Will Smith before an NFL football game against the New York Giants in East Rutherford, N.J. More than nine months after the NFL first disclosed its bounty investigation of the New Orleans Saints, four players will finally get a ruling, Tuesday, Dec. 11, 2012, on whether their initial suspensions are upheld, reduced or thrown out. (AP Photo/Bill Kostroun, File)
New Orleans Saints defensive end Will Smith stretches during practice at their NFL football training facility in Metairie, La., Wednesday, Sept. 21, 2011. Smith is returning after serving a two-game suspension. (AP Photo/Gerald Herbert)
New Orleans Saints defensive end Will Smith answers questions at a news conference in Davie, Fla., on Monday, Feb. 1, 2010. The Saints will play the Indianapolis Colts in the NFL Super Bowl XLIV Sunday. (AP Photo/Mark Humphrey)
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Defense attorney John Fuller told reporters on Wednesday the fact that Smith was seen with a gun means his client, Cardell Hayes, is "legally not guilty." Hayes was arrested and charged with second-degree murder shortly after Smith was killed late Saturday night.

Although investigators confirmed there was a gun in Smith's vehicle, a lawyer representing the Smith family said Wednesday at a separate press conference that it wasn't removed from the vehicle or fired.

SEE ALSO: Slain NFL star shot 8 times in New Orleans

Police say Smith was driving with his wife when Hayes rear-ended his car. The crash reportedly sparked an altercation, and that's when authorities believe Hayes opened fire on the couple, killing Smith and wounding his wife.

At first, police reported recovering only one gun from the scene that belonged to Hayes. But investigators said Tuesday they discovered a revolver in the car Hayes was driving that night and a handgun inside Smith's SUV, bringing the total number of weapons in the investigation to three.

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