smith allegedly exchanged words with the driver of that hummer, 28-year-old cardell hayes, before hayes allegedly drew his handgun and shots were fired. police arrived to find smith hit in the torso and back, dead at the scene. >> while this was an isolated incident, it is certainly tragic at every level and on all sides. >> reporter: but was this an isolated incident of road rage? details quickly emerge of a bizarre twist. turns out hayes, the alleged shooter, once received a settlement from the city for the 2005 police shooting death of his father, anthony hayes. in an eerie coincidence, smith had been enjoying dinner that very evening with one of the police officers named in that lawsuit. and the street where hayes allegedly shot smith, only about 500 yards from where his father was killed by police. all of this raising the question, was it road rage? revenge? or just a remarkable set of coincidences? >> mr. smith and mr. hayes were complete strangers in all of this before that incident? >> to put these rumors to rest, my client didn't know mr. smith, my client wasn't friends or asso

hayes. in an eerie coincidence, smith had been enjoying dinner that very evening with one of the police officers named in that lawsuit. and the street where hayes allegedly shot smith, only about 500 yards from where his father was killed by police. all of this raising the question, was it road rage? revenge? or just a remarkable set of coincidences? >> mr. smith and mr. hayes were complete strangers in all of this before that incident? >> to put these rumors to rest, my client didn't know mr. smith, my client wasn't friends or associates with mr. smith, my client never worked security for the new orleans saints. >> reporter: hayes' attorney john fuller offered a new theory, giving the public a peek at the defense strategy. >> multiple witnesses have told me that someone besides my client and his friend were behaving in a threatening nature out there on that night. and the police department knows this. >> are you saying your client felt threatened by the presence something smith had or someo

hayes and smith got into fire. smith's wife was shot in the right leg. >> we will build a strong case for the district attorney to prosecute cardell hayes to the extent of the law. >> in a bizarre twist, hayes's father was killed in a standoff with police in 2005. hayes's family sued and just before smith's death he was having dinner with an officer named in the civil suit. now police are trying to figure out whether this coincidence relates to the investigation. >> when mr. hayes's story gets out there and the story of the multiple witnesses that saw everything, the public will have a different opinion of what occurred. >> reactions to smith's death are pouring in now. saints coach sean payton tweeted, heavy hearts with the senseless passing of our team captain. will smith. pay for his wife's recovery and their children. cameron jordan tweeted woke up and can't make sense of this senseless killing of will smith. lord, please watch over this family and give them strength. hayes is being held on $1 million bond. abb

hayes hayes' attorney claims he did not instigate the violence. >> everybody out there felt threatened. >> reporter: and a man claiming he was a passenger in hayes' car supporting that story. but the smith family attorney says smith never threatened hayes. >> will was unarmed. at the time. never brandished a firearm. shot twice during the incident. she's recoverkov ercovering here, call, smith her superman. hayes has not yet entered a plea. david? >> ryan smith in new orleans again tonight. thanks, ryan. >>> and to the other moment playing out in the case making national headlines tonight. the teenager who killed four people in a drunk driving accident. his defense team saying he was from a wealthy family, too spoiled to understand what he had done, the so-called aflew affluenza teen. ethan couch turning 19 two days ago, appearing in court as an adult for the first time and learning his fate today. as it is also revealed that american taxpayers spent tens of thousands of dollars on his rehab, because his family said they didn't have the money. so what was his punishment? here's abc's m

hayes pulls over and then smith pulls around. hayes follows smith.th and they exchanged words, hayes pulled out a gun, shoots smith and wounds his wife. a former teammate and friend of smiths says the shooting was a cowardly act. >> when i came out yesterday and called him a coward, i received death threats from guys in new orleans. from his relatives. i'm thinking to myself, whoa, you know, what do you guys want from me? i'm only here to speak the truth. that's it. i'm not trying to -- i'm he not trying to -- i'm not trying to steal anybody's life. i'm trying to give everybody the truth though. >> hayes appeared in court on monday. he's been charged with second degree murder. his bail has been set at $1 million. he has been appointed a new attorney. meanwhile, will smith's former coach, sean payton, is speaking out against gun violence saying in an interview, i find myself leaning to the right on some issues, but on this issue i can't wrap my brain around it. i hate guns. the police chief says the family's understandably going through a very tough t

>> reporter: cardell hayes is charged with second degree murder but his attorney says he was not thear had hit his client's car first. the hummer hayes was driving smashed into smith's mercedes which then collided with a third vehicle. a chevy impala. >> what happens after the accident is you have someone who steps out of one of the cars and basically starts making threatening gestures and threatening remarks in the direction of mr. hayes. >> reporter: after they exchange words, gunshots rang out. >> there's a male down with another six gunshot wounds to the chest. >> reporter: smith pronounced death. -- dead. his wife shot in the leg. police say they only confiscated one weapon but hayes' attorney says he's looking into whether there may have been another gun at the scene. another string of coincidences -- hayes once received a settlement over the 2005 shooting death of his father. smith had dinner with his friend, a former police officer, named in that lawsuit. at this restaurant. >> everything was normal. no strange stories or anything awkward. >> reporter: so far, police say ther

now behind bars, hayes' defense suggesting someone else was posing the threat. are you saying that your client felt threatened by the presence of something that smith had? >> everybody out there felt threatened. >> reporter: by smith? >> by someone other than mr. hayes. >> reporter: we called the police department about the new video. they have not commented. fans remembering smith with this memori memorial. as for hayes, if convicted of second degree murder, he faces life in prison. david? >> ryan smith in new orleans for us. thanks, ryan. >>> next to the new fears over the zika virus right here in the u.s. just 24 hours after the cdc said zika here in this country will be, quote, scarier than we initially thought, tonight, the map. where they're most concerned. they believe mosquitos that spread the disease could reach up to 30 states, more than the 12 they originally thought. this evening, abc's steve osunsami takes us right to the cdc in atlanta, to ask why they're so concerned, and we ask, why is there a funding fight in washington? is the u.s. prepared? >>

now an attorney for hayes claims his client was the victim of a hit-and-run.smith was the aggressor. let's get more from jean casarez. >> reporter: hayes remains on a $1 million bail this morning. we know that nfl former football player and his wife had dinner with friends at a restaurant in the french quarter in new orleans. they left the restaurant at 11:15 p.m. and police said ten blocks away from the restaurant when a vehicle rammed into from the rear their mercedes benz suv. police say that words were exchanged, but they also say that what happened was that cardell hayes took a small gun out of his vehicle and began to shoot multiple times will smith, killing him at the scene. his wife was shot in the leg. she was taken to the hospital. will smith was drafted in 2004 for the nfl. he played his entire career with the new orleans saints. he was actually with them when they won the super bowl in 2010. he had received knowledge that he was going to be inducted this year into the new orleans saints hall of fame. john, michelle. >>> republican senator chuck gra

you can see what's believed to be hayes' hummer stopping in the road. watch as smith's mercedes appears to bump the hummer and leave the scene. blocks away, hayes collided with smith's mercedes. they say the men exchanged words. hayes then opening fire. police say they found a loaded handgun in smith's car. hay hayes' attorney claims he did not instigate the violence. >> everybody out there felt threatened. >> reporter: and a man claiming he was a passenger in hayes' car supporting that story. but the smith family attorney says smith never threatened hayes. >> will was unarmed. at the time. never brandished a firearm. >> reporter: smith's wife was shot twice during the incident. she's recovkov ecovering here, smith her superman. hayes has not yet entered a plea. david? >> ryan smith in new orleans again tonight. thanks, ryan. >>> and to the other moment playing out in the case making national headlines tonight. the teenager who killed four people in a drunk driving accident. his defense team saying he was from a wealthy family, too spoiled to understand

a grand jury in new orleans indicting the alleged shooter, cardell hayes. authorities believe the incident may have begun with a minor traffic accident, then road rage moments later, gunfire. it left smith, a beloved member of the saints, dead, and his wife injured. abc's kayna whitworth with the indictment, the grand jury's decision, today. >> reporter: tonight, criminal charges in the death of former new orleans saint, will smith. a grand jury indicting cardell hayes with second degree murder and attempted murder of smith's wife, racquel. the shooting after a traffic dispute three weeks ago. this surveillance video capturing smith's mercedes as it appears to bump the hummer driven by hayes. smith leaves the scene, making it only a few blocks before police say hayes collided with smith. they exchange words, and hayes opened fire. he was shot eight times. seven in the back. his wife, who was shot twice in the legs, is still recovering. >> my leg has been shot! >> we feel this is a step in the right direction towards justice in this case. >> reporter: hayes'

in 2005 hayes' father was shot and killed by police. hayes won a civil lawsuit against the city. just before the accident, smith had dined with one of the officers involved in that fatal shooting. in 2010, hayes was charged with illegal drug and weapon possession. he was on a local amateur football team. smith spent nine seasons with the saints and was just voted into the team's hall of fame. new orleans sports reporter lyons yellin. >> he is a guy that earned the respect of this community and people and various saints down here, they're the heroes. and so when you see a tragic event like this, the support is just unwaivering. >> reporter: just hours before the shooting, smith posted this photo with his wife on instagram captioned having a blast at the french quarter festival to to 16. former teammates and other athletes offered condolences on social media. while nfl commissioner roger goodell posted a statement saying this is such a tragic loss of life. fans created a memorial at the scene of the murder. along with his wife, smith leaves behind three children, a statement from s

hayes fear the for his life. >> reporter: car del hayes is charged with second-degree murder, but his attorney says he was not the aggressionor, that another vehicle had hit his client's car first and that he was pursuing the vehicle to get his license information. police say the hummer hayes was driving smashed into smith's mercedes, which then collided with a third vehicle, a chevy impala. >> what happens after the accident is you have someone who steps out of one of the cars and basically starts making threatening gestures and threatening remarks in the direction of mr. hayes. >> reporter: after they exchange words, gunshots rang out. >> there's a male down with about six gunshot wounds to the chest. >> reporter: smith pronounced dead. >> my leg has been shot. >> reporter: his wife shot in the leg. police say they only confiscated one weapon, but hayes' attorney says he's looking into whether there may have been another gun here at the scene that might have provoked his client. yet a strange coincidence is raising even more questions. hayes once received a settlement fr the city ov

police saying hayes and smith were strangers. hayes' lawyer also saying there is no connection. he hasn't yet entered a plea. and if convicted, could face life in prison. david? >> ryan smith tonight. ryan, thank you. >>> this evening, a u.s. navy officer is now accused of espionage, for allegedly passing secrets onto both china and taiwan. lieutenant commander edward lin arrested eight months ago. before boarding a flight. the arrest, just revealed at a pretrial hearing, facing a possible court-martial. lin emigrated from taiwan when he was 14 and became a u.s. citizen eight years ago. >>> to north carolina now, and the law that's become a flashpoint. tonight, dueling rallies over the controversial law touching on gender and sexual identity. supporters gathering outside the state capital in raleigh, while across the street, opponents protesting the move. abc's steve osunsami reports, they're getting some help from bruce springsteen, who canceled a concert there. >> and we don't need bruce springsteen to come here and tell us how to operate. >> reporter: on one side of north car

hayes won a civil lawsuit against the city.he accident smith had dined with one of the officers involved in that fatal shooting. in 2010 hayes was charged with illegal drug and we possession. he was -- and weapon possession. he was on a local amateur football team. smith spent nine seasons with the saints and was just voted into the team's hall of fame. fans created a memorial at the scene of the murder. >>> a big blowup in space today, but that was actually a good thing. a spacex cargo ship made it to the space station seen here 250 miles above the pacific. the station's robotic arm locked onto a fixture on the side of the cargo ship and pulled it in for berthing. there is an inflatable module in the cargo that can be blown up and turned into a small bedroom. if it works and it should, it will be a first in space. >>> in napa county safety officials have discovered a dreaded wine grape pest for the second time this spring. one viable glassy winged sharpshooter egg mass was found along with over 50 older nonviable eggs. the dis

smith and hayes exchanged words, and then investigators say hayes pulled out a gun and began to shoot we located mr. smith partially inside of his vehicle suffering from multiple gunshot wounds to his body. he was later pronounced dead on the scene. >> reporter: smith's wife was rushed to the hospital with a nonlife-threatening gunshot wound. cardell hayes is now behind bars charged with second-degree murder. bond was set at $1 million. hayes' attorney believes there's much more to this story. >> one of the parties besides mr. hayes may have had a file on him. >> reporter: will smith played college football at ohio state and won a national championship there. drafted by the saints in 2004, the defensive lineman spent nine seasons in new orleans and he helped the franchise win its only super bowl. when he left football, he and his wife settled in louisiana where he was active in the community, a community that is now in mourning. dan schenamen, nbc news. >>> well, the masters' reigning champion can only be described as a meltdown for the ages. the leader jordan spieth hits his fourth b

smith and hayes exchanged words and then investigators say hayes pulled out a gun and began to shoot.> we located mr. smith partially inside his vehicle, suffering from multiple gunshot wounds to his body. he was later pronounced dead on the scene. >> reporter: smith's wife was rushed to the hospital with a non-life-threatening gunshot wound. cardel hayes is now behind bars, charged with second degree murder. bond was set at $1 million. hayes' attorney believes there's much more to this story. >> one of the parties besides mr. hayes -- >> reporter: will smith played college football at ohio state and won a national championship there. drafted by the saints in 2004, the defensive lineman spent nine seasons in new orleans, and he helped the franchise win its only super bowl. when he left football, he and his wife settled in louisiana, where he was active in the community. a community that is now in mourning. dan schenemen, nbc news. >>> well the reigning masters champion in what can only be described as a meltdown for the ages. the leader jordan spieth hits his fourth birdie in a row on

hayes' family sued.nd just before smith's death, he was having dinner with an officer named in the civil suit. now police are trying to figure out when this coincidence relates to the investigation. >> it is interesting, and right now we're investigating the homicide. all of those facts. perhaps we'll ask questions about those and maybe see if there's any correlation. >> reactions to smith's death are pouring in this morning. former saint deuce mcallister, "pray for my friend's family. pray for his teammates. so senseless. rest in peace." and lebron james, "prayers and condolences sent out to will smith and his beautiful family." hayes is charged with second-degree murder and is being held on $1 million bond. a lot of questions remain. back to you. >> yep. a lot of questions. we just need more answers. thank you very much. >> thanks. three beautiful children he leaves behind. >> what happened? what happened? all right. >>> four minutes after the top of the hour. the first time of the week, we welcome hea

but cardell hayes remains charged with second degree murder. his bail continues to be set at $1 million. >> jean casarez, thank you very much. >>> prosecutors raid the law firm accused of helping the world's super wealthy hide billions in off-shore bank accounts. we're live next. "ow..." "are you okay?" "yeah, i just got charged for my credit monitoring. that's how i know it"s working." "ah. you know you can go on creditkarma.com and check it out there. it's completely free." "really?" "yeah" "oh, that didn't hurt at all." "yeah, completely painless." "credit karma. give yourself some credit." . >>> breaking overnight, prosecutors in panama raided the law firm at the heart of the so-called panama papers leak. the purpose of their visit is open to interpretation. the attorney general is saying investigators are look for the proof of the criminal wrong doing identified. nic robertson has more on those developments from london. the firm continued to deny wrong doing. what are you learning about the raid? >> the firm are saying they are cooperating

that's wie hayes says he was pursuing the suv and why they ended up here. it seems to verify his story to how this began. john? >> martin, thank you so much. >>> bring in joey jackson. we have been looking at the surveillance video and know an eyewitness claims he heard smith say he had a gun. now police say they only recovered one gun. the shooter's in this case but if hayes thought that smith had a gun, how does that change the situation? >> we are looking at whether it was a justifiable homicide. he is facing a second-degree murder charge. that's his life really that he get upon a conviction. the argue will be threefold. number one, i perceived a threat. number two, that threat was immediate and deadly, three, i used force that was proportionate to the threat posed to me. i think the third prong of that is problematic because apparently there are six different shots but it goes to the issue of state of mind. what was the state of mind of hayes at the time he fired the shot, retaliatory, road rage, did he lose his cool? was it malicious or intentional? an

hayes opened fire on smith and his wife. >> hayes stayed on the scene. he's been booked on charges of second degree murder. smith's wife has a leg wound but it's not life-threatening. >>> turning to the race for the white house now, the state of new york holds center stage in the presidential race. for candidates from both parties, momentum and large number of delegates are at stake. brian webb reports. >> reporter: hillary clinton took her presidential message to the pulpit with a one-two punch. she connected her candidacy to president obama and used former president bill clinton to sing her praises. >> she was a senator, in the white house for eight years. >> reporter: bernie sanders visited brooklyn's famed coney island. he's no longer questioning clinton's qualification, just her judgment. >> a candidate who voted for the war in iraq, a candidate who voted for virtually every disastrous trade policy, which of course lost millions of job. >> reporter: sanders has scored a string of recent victories but a recent fox news poll shows clinton topped sande

she was 38 when the allegations happens, but hayes cannot file charges against him? >> if i was 19, i would have said, bill, you are so silly but at 38, i said, bill, what the hell do you think you are doing? and i think it scared him and he left and said have a nice dinner, ladies. >> reporter: the bill would apply to crimes committed after january 31, 2017 and those allegations who have not expired. jackie ward, k, and ix 5. >>> one bay area community has come together to call for the change of a controversial street name. the marin county board of supervisors will consider changing gunshot fire road to sunrise fire name. they are saying it's insensitive because it's near the location of the recent murder of steve carter in 2015. >>> and let's check in with gianna for a look at the morning commute. >>> good morning. a couple of things. redwood city, if you typically use el camino real between carter and roosevelt, it's shut down for at least another hour as crews work on a vehicle that hit a power pole overnight, and there are delays in and around the area. use an

his wife was shot twice. >> reporter: it was hayes that was -- a person in hayes' car said it was smith preparing to shoot and hayes was shooting in self-defense. >>> i do here by proclaim 8:00 a.m. in washington as rock the red day. >> all right, fans, go through those closets, get those red ties, red shoes, red shirts. wear them in pride tomorrow to support your washington caps as they begin their quest for lord stanley's cup. d.c. mayor muriel bowser said the city will light up in red tomorrow. she's encouraging you to light up, too. they just gave doug swag tie tonight. that's coming up later in sports. >>> here's your owen danoffer update. the d.c. native is now the top 12 of "the voice." adam levine used the judge's "save." you can watch dan ooff and the rest of the top 12 perform next monday night. >>> today president obama hosted 130 students at his last science fair. the president began the tradition six years ago now. one of the students from clarksburg, maryland said his personal experience inspired his invention. when andrew ganashan was a baby, his parents carried him ten m

hayes remains in jail on a $1 million bond. in a statement, nfl commissioner roger goodell wrote, this is such a tragic loss of life. meg? >> certainly. don champion in new york for us, thank you. >>> a new poll out this morning, appears to spell trouble for republican presidential candidate donald trump. an associated president gfk poll more americans think hillary clinton will make america great again mp trthan trump. the poll believes that clinton represents their own views. 30% say trump does. now with the next primary just eight days away, candidates on both sides of the aisle have their sights set on that delegate-rich state. brian webb reports on the battle for new york. >> reporter: donald trump says there's something wrong with the way republicans choose their presidential nominee. >> we have got a corrupt system. it's not right. we are supposed to be a democracy. >> reporter: trump's campaign says ted cruz is using underhanded methods to pick up delegates loyal to the texas senator. cruz's campaign calls the accusatio

police say hayes rear-ended smith's car.ording to investigators, the two men exchanged words and then hayes pulled a gun and shot smith to death. officers say he also shot she survived and is expected to be okay. an attorney for hayes says his >> one life is over and another life is ruined. >> a possible twist in the case, cardale hayes sued the city of new orleans after police shot and killed his father in 2005. officers say will smith met with the officer named in the lawsuit just hours before the shooting. police spokesperson said they are investigating but do not have any information that links the shooting and the meeting. i'm live in the digital operations center, vai sikahema, nbc 10 news. tracy, i'll join you in the studio. >> you'll join us in the studio at 5:00. thanks, vai. >>> fire broke out in an ohio apartment building after a man allegedly shot a s.w.a.t. officer. authorities say the suspect barricaded himself inside when police tried to serve him a warrant for a felony arson. the suspect allegedly opened fire

and cordell hayes in handcuffs. police say hayes rear-ended the mercedes driven by former saints' defensive end will smith last night. michael ferrell was walking his dog nearby. >> people got out of the next thing i know, there was gunshots. >> reporter: officers say hayes opened fire, killing smith with two gunshots and shooting his wife racquel in the leg. an autopsy showed smith was shot in the side and back. michael harrison is the new orleans police chief. >> the information supports that mr. smith had walked away. and was returning to his car when he was fired upon. >> reporter: before the shooting, smith was at dinner with friends, which included a retired police officer, william ceravolo. ceravolo was named in a lawsuit brought by the suspect hayes against the new orleans police department after officers shot and killed his father in 2005. police say at this point there does not appear to be a connection between the two incidents. hayes' attorney has suggested his client acted in self-defense. scott, this m

as for hayes, if convicted of second degree murder, he faces david? >> ryan smith in new orleans for us. thanks, ryan. >>> next to the new fears over the zika virus right here in the u.s. just 24 hours after the cdc said zika here in this country will be, quote, scarier than we initially thought, tonight, the map. where they're most concerned. they believe mosquitos that spread the disease could reach up to 30 states, more than the 12 they originally thought. this evening, abc's steve osunsami takes us right to the cdc in atlanta, to ask why they're so concerned, and we ask, why is there a funding fight in washington? is the u.s. prepared? >> reporter: tonight, authorities at the cdc tell us happening in puerto rico, where they believe hundreds of infants like these, with smaller brains who will need lifelong care, could soon be born to infected mothers. every day, they learn something new, and it's not good. besides birth defects and smaller heads, babies are being born premature and blind. health officials are racing to prevent an outbreak here in t

smith. >> hayes attorney maintains his client was not the aggressor, prior to the actions, my client was involved in a hit and run, and someone hit him, and the person failed to pull over and my client trailed behind this person in an effort to get their license number and my client called 911, while he is on the phone with 911 that is when the three car accident occurs. >> police claims hayes shot smith several times in the torso and back following an argument over hayes rear ending smith's attorney. his wife also injured in the gun fire screaming out at the scene is expected to recover. >> in response to the new surveillance video, police cannot confirm anything at this point, because this is still an ongoing investigation. >>> medical marijuana may be legalized in pennsylvania by the end of the week, the senate is expected to vote today on an amended bill passed out of committee, if approved it would go back to the house tomorrow where it originated on a final amendment. governor tom wolf supports the measure. >>> real estate development continues to be an economic driver if the p

but cardell hayes remains charged with second degree murder.ail continues to be set at $1 million. >>> a big night in the nba. the warriors bidding for the all-time win record. kobe bryant bidding farewell. we have the bleacher report next. ♪ the all-new audi a4, with available virtual cockpit. ♪ twell what if i told you that peanuts can work for you? that's right. i'm talking full time delivery of 7 grams of protein and 6 essential nutrients. ever see a peanut take a day off? i don't think so. harness the hardworking power of the peanut. i'm terhe is.at golf. people say i'm getting better. no one's ever said that. but i'd like to keep being terrible at golf for as long as i can. he's just happier when he's playing. but he's terrible. for the strength and energy to keep doing what you love, try new ensure enlive. only patented ensure enlive has hmb, plus 20 grams of protein to help rebuild muscle. and its clinically proven formula helps you stay you. oh. nice shot. new ensure enlive. always be you. try your favorite ranch with a fresh taste so

hayes won a civil lawsuit against the city.ent smith had dined with one of the officers involved in

cardell hayes on second-degree murder. hours before the shooting, smith dined with a police officer who had once been sued by hayes. right now, there is no evidence of a connection. >>> bernie sanders continued his sweep of western states with an 11-point margin of victory in wyoming's caucuses. he and front-runner hillary clinton evenly shared the state's 14 delegates. >>> republican ted cruz captured all of colorado's delegates. the next primary is eight days away in new york. >>> a photographer based in new york is trying to change how some people think about pit bulls. chip reid caught up with her. >> pickles! sit. good boy. >> reporter: you might wonder why someone would go to the trouble of trying to put a crown of flowers on a pit bull. >> good boy. >> reporter: and then asking it to sit still for a photo session. >> i got it, i think. >> reporter: you captured his essence. >> yeah. this one. says she's on a mission of saving pit bulls wasting away in shelters by showing their inner beauty. >> the flower pawer serie

cardell hayes shot will smith. hayes' lawyer said he opened fire because smith was reaching for a gun after the crash. hours before the incident, smith had dined with an officer who had once been sued by hayes in connection with a shooting death of hayes' father. investigators say they don't have any information linking the incidents yet. >>> some cravings just can't be ignored i guess. washington, d.c. police released this surveillance of a burglar suspect at a five guys restaurant. he pours a fountain soda and cooks a cheese burger. he leaves and takes bottled water. he snuck into the restaurant by following a delivery man into the shop. >>> a goat couldn't resist the smell of a hot cup of coffee. >>> next up, starbucks scandal the customer who got angry when he saw his coffee cup, he said the bareasta crossed the line, we'll explain. in the last eight years, the fracking industry has spent over $40 million dollars on lobbying in pennsylvania. so it's no surprise that even though they've had over 4,000 violations

hayes' attorney is denying revenge is a factor. maintaining he was not the aggressor. as for smith last month he was voted into the saints hall of fame. >>> you could call it a dog gone miracle after a pooch survives a 150-foot tumble off a cliff. he leaped off the cliff in utah, he saw something and went after it and didn't realize the cliff was there. he was gotten to the hospital for treatment of red and leg injuries. >>> you should have seen their faces when we got the dog up. when they were reunited that was our payment our payoff for that. >>> toby is bruised, but otherwise okay. >>> musician brian adams cancel a show in mississippi because of the so-called religious freedom law. the canadian rocker said i cannot in good conscious perform in a state where certain people are denied their civil rights due to their sexual orientation. advocates say it protects those who follow their religious faith. bruce spring teen canceled a show in north carolina because of a similar law there. >>> ahead on "action news" at 12:30, another check of the exclusive accuweather seven

jummy: smith and hayes appear to share an odd connection. hayes recently settled a wrongful death lawsuit against the city over the 2005 police shooting death of his father. one of the officers named in the suit had dinner with smith the night of that shooting. now to the presidential race and the candidates are down to crucial primaries in new york and also counting delegates. republican donald trump calling the system unfair, while trump has won more states than his rivals he may not have enough delegates to secure the nomination. reporter: donald trump is back on the campaign trail after taking a few days off. while he was gone, ted cruz scooped up all the delegates in the state of colorado which holds a local convention instead of a primary. ted cruz believing he ultimately can beat trump to the g.o.p. nomination. ted: i believe the first ballot will be the highest vote total donald trump receives and on a subsequent ballot we'll win the nomination. reporter: trump accusing the cruz campaign of crooked shenanigans in the fight for conven

after a verbal altercation the driver cardell hayes pulled a gun and shot him to death . his wife was shot in the leg. the attorney of cardell hayes maintains when his client's car was head first. >> my client attempted to pursue that vehicle the effort to get the license plate number and in an effort to report an accident. >> reporter: before the shooting smith had a dinner with the former teammate and a former police commander. he was among officers named in a lawsuit that cardell hayes filed over the city over the police involved shooting of his father in 2005 . police have not determined of that incident has anything to do with saturday's tragedy.>> hayes is being held on a $1 million bond and smith's wife is expected to survive. >>> breaking news out of the deanwood northeast area and the stabbing at the metro station. stephanie ramirez joins us with more. we will get back to stephanie as soon as we can. we are having technical problems. you can also see the reports on our mobile app. >>> school officials near madison wisconsin are investigating racist chants at a gi

the defense says hayes was not the initial aggressor. this cell phone video taken moments after the shooting shows a witness describing how the argument escalated. late today, police said they found another two fully loaded guns, one inside hayes' vehicle and another inside smith's, in addition to the weapon they previously confiscated the night of the shooting. >> i'm still in disbelief. >> reporter: smith's father is devastated. >> did he kill my child? yes, he did. can i forgive him? yes, i can. but am i going to forget him? i'll never forget him. >> reporter: tonight smith's former teammate, pierre thomas, who was with him that night, speaking out for the first time, writing on social media, i witnessed a close friend i thought of as one of my big brothers in the nfl shot to death over a fender bender. gabe gutierrez, nbc news, new orleans. >>> there is widespread damage across parts of the south after a ferocious line of storms drops hail bigger than a fist, smashing homes and cars, sending people running for cover. nbc's blake mcco