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.

See more of Smith throughout his career:

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.