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 someone in his party had? >> everybody out there felt threatened. >> by smith? >> by someone other than mr. hayes. this was not some situation where my client hunted down mr. smith. >> reporter: fuller also claiming hayes himself had been the victim of a hit and run moments earlier and was pursuing that driver when he collided with smith. the police did not address the theory saying only this -- >> at this time, we do not have any infor

. >> mr. 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 str

mrs. hayesat john f. kennedy high school in waterbury, connecticut. i think the kids like mrs. hayes. hundreds of her students at kennedy are watching now. they are just finding out that mrs. kennedy is -- she's won the national award. empowering the children to community service and teaching philosophy. we met some working on the project and learned about the impact of mrs. hayes on their lives. >> oh, my gosh! >> all the way down there, and you're waiting for black, right? >> she's not like most teachers. mrs. hayes understands us completely. >> she gets everyone involved. >> where do we need more green? >> in the morning, after school, during school she'll always be talking to her students. whenever she walks into the room, it brightens your day. >> it looks good. look how bright it looks. >> she's saying you have to put on your big girl pant. >> if you want something, you have to do it. you can't just wait for it. >> she's always taught us to be conte conte conscientious members of society.

>> by someone other than mr. hayes. this was not some situation where my client hunted down mr. smith. >> reporter: fuller also claiming hayes himself had been the victim of a hit and run moments earlier and was pursuing that driver when he collided with smith. the police did not address the theory saying only this -- >> at this time, we do not have any information to suggest that they knew one another this was anything other than an accident that turned into a dispute, disturbance, that turned violent. >> reporter: in other words, smith may have been just another victim of road rage, something that accounts for almost 380 fatal crashes and more than 400 deaths across the country. in los angeles, tampa, and this one in james city, north carolina, where road rage hit dramatic extremes. a couple, bradley and christie turner, driving a toyota suv, allegedly cut off by a chevy pickup. they chased the truck for 30 to 40 minutes before turner confronted the three young men in the vehicle, throwing the first punch in a brutal fight. turner's wife comes out of the car and hands him a pis

cars and basically starts making threatening gestures and threatening remarks in the direction of mr. hayesthey 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 there's no connection. smith's death is rippling through the sports world and the mystery is gripping the crescent city. >> that was nbc's gabe gutierrez reporting. new orleans coach sean payton has sparked controversy about a bigger picture. telling "usa today" in a phone interview, quote, i hate guns. 200 years from now they're going to look back and say what was

smith's mercedes was right behind the hummer driven by mr. hayes. attorneys responded that investigators searching smith's suv found a loaded 9 millimeter pistol inside. he was licensed to carry the weapon and it never left the car. they say that story and the narrative from police don't match up. >>> good morning, everyone. jessica boyington watching your roads and your first alert traffic. we're watching 38 at haddonfield road. the roads are dry. we're starting to see some volume in places. i'll tell you where when i come back at 6:00. >>> and sir paul mccartney is coming back to philadelphia. we're taking a look at citizen's bank park where mr. mccartney will hold a concert this summer. yesterday we lernd philadelphia will be one of the stops on his one on one tour. last summer he played a sold out show at the wells fargo senn temp here's how they made the announcement. look at that. displays a banner. tickets will go on sale to the general public next friday, april 22 pd. >>> a wounded red-tailed hawk in central pennsylvania is now back in its n

hayes' attorney believes there's much more to this story. >> one of the parties besides mr. hayes 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 birdie in a row on the ninth, and then trouble begins. a missed putt here on 11. then to the 12th and amen corner where he makes a major mistake, sending the ball in rae's creek. still on the 12th spieth hits this one fat and drops another ball into the water. now to his fifth shot on a par 3. watch where this one goes. yep. in the sand. he finished with a 7 on the hole. meanwhile danny willett has managed to take the lead with a couple o

ç >> one of the parties besides mr. hayeshave had a firearm. >> he played nine seasons for the saints. he leaves behind a wife and three kids. >>> now to decision 2016. a new poll finds americans trust democratic presidential front-runner hillary clinton more than republican leader donald trump. to handle a wide range of issues, including immigration, health care and nominating supreme court justices. even when the ap-gfk survey said this, the respondents leaned toward hillary clinton. >>> richards is the president of planned parenthood. she plans to be at a breakfast in center city before making stops in central pennsylvania. >>> bernie sanders continues to pound away at clinton at his campaign stops in new york. the primary there is just a week from tomorrow. sanders held a rally on coney island. the vermont senator took aim at clinton on issues from iraq to fracing. polls show him trailing clinton in new york. >>> he said his administration overdid it. >> former president ben carson admitted that his white house went too f

smith sustained, i will say again that mr. hayes is legally not guilty. >> smith was shot seven times in the back. the family's attorney says smith had a loaded gun too, but never took it out of his car. >>> if you waited to file your taxes, there's good news this. year's deadline is three days later than usual. it's because of an annual holiday celebrated in washington d.c. here's cbs 2's craig boswell. >>reporter: marching bands and parades are part of the celebration of emancipation day every april 16th in washington d.c. on that day in 1862, president abraham lincoln signed the act, freeing more the d.c. government shuts down on the holiday, but this year it falls on a saturday, so it will be observed on friday, april 15th, tax day. and that changes the tax filing deadline for everyone across the country to april 18th. music to the ears of tax filers like bromi who's letting block advisers do her taxes this year. >> i mean, i think it's great. having extra days is always a bonus. >>reporter: are you a procrastinator? >> i am. >>

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 the 9th. and then trouble begins. a missed putt here on 11. then to the 12th, and amen corner where he makes a major mistake sending the ball in ray's creek. there it goes. still on the 12th. spieth hits this one fat and drops another ball. yep, into the water. now to his fifth shot on par 3. watch where this one goes. wait for it. in the sand. he finished with a 7 on the hole. meanwhile, danny willett has managed to take the lead wit

>> by someone other than mr. hayesth carolina are entitled to both privacy and equality. the people who can't stand up for themselves. so i think the nba should move the all-star game from charlotte. >> i can't believe how fast 20 years went by. this is crazy. to be standing here at center court with you guys, my teammates behind me and appreciating the journey that we've been on. what can i say? mamba out. >> i like how kobe neatly placed -- you know he wanted to drop it but instead he just -- >> placed it. what a great way to go out. the week ahead. a lot of things happening into. >> the primary is the big one. >> primary in new york. huge one around here. nash holiday, national rice ball day. >> rice ball day. >> next week. and johnny mathis is in great falls. >> announcer: this is abc's "world news now," informing insomniacs for two decades. "world news now," fo >>> making news in america this morning, democrats, hillary clinton and bernie sanders battle in brooklyn over everything from judgment to guns to minimum

mr. hayes. >> reporter: we called the police department about the new video. they have not commented. memorial memorial. 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

of one of the cars and basically starts making threatening gestures and remarks in the direct of mr. hayes. >> reporter: after they exchanged words, gunshots rang ou wounds to the chest. >> reporter: smith pronounced 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 that might proprovoked his client. yet a strange coincideone is raising even more questions. hayes once received a settlement from the city over the 2005 shooting death of his father. earlier in t wahe evening smith had dinner with his friend, the former police officer named in that awst. at this restaurant. >> everything is normal. no strange or anything awkward going on. >> reporter: so far, police say there's no connection between the two. >> that's the fiction of some imaginations. >> reporter: tonight, smith's death is rippling through the sports world and the mystery surrounding it is gripping the crescent city. gabe gutierrez, nbc news, new orleans. >>> now to a tragedy at sea in florida where a fishi

>> by someone other than mr. hayes. this was not some situation where my client hunted down mr. smith. >> reporter: his attorney claims he was not the aggressor. >> someone hit him. the person failed to pull over. my client trailed behind this person in the effort to get their license plate number. he's on the phone with 911, that's when the three accident occurs. >> reporter: police claim hayes shot smith several times in the torso in an argument. smith's wife also injured in the gunfire, screaming out in the scene is expected to recover. >> in response to the new surveillance video, police say they cannot confirm anything at this point because this is still an ongoing investigation. i'm elizabeth hurr for 7 eyewitness news. >>> here we are looking at the upper west side here and the after school buses will be rolling here in a little while. we still have a few sprinkles and 45 degrees. these will be pushing east and out. we see that temperature driving up to 55 degrees. we are off to the races to some beautiful weather the rest of weekend, which we will talk about next in your

. >> one of the parties besides mr. hayes may have had a firearm. >> a good guy. everybody loved him. just an absolute shame. >> nfl commissioner roger goodell, nba star lebron james, are a few people publicly expressing grief over the player's death. >>> today, coast guard crews will resume the search for a missing missing kayaker off the south carolina coast. they spotted his overturned kayak yesterday. the 21-year-old man was reported missing late saturday after he and a friend failed to return from a trip to a popular lighthouse. the other kayaker was found and rescued. >>> a utah family has been reunited with their lucky dog. the family took their dog toby on a trail ride thursday. the poodle chased after going over a cliff. tumbled nearly 300 feet down. search and rescue teams had to rappel down the face of a steep incline and they carried toby back to safety. >> it's not something we would normally do. just going to rescue a dog. but there's the complication if we don't, who else is going to try to get down to him who is untrained and we may end up rescuing

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. abby and heather back to you. >> kelly wright live for us. thank you, kelly. >>> to ohio now where anhi o police officer is fighting for his life after being shot by an arson suspect. columbus police were serving a warrant on 44-year-old lincoln rutledge when he shot an officer. rutledge set fire to his apartment during the standoff. the huge flames captured by a drone. now charged with attempted murder. officer not identified. >>> two college@leads are dead caught in the cross fire of a gun fight near the lsu campus. police say two men started sh

one of the cars and basically starts making threatening gestures and remarks in the direction of mr. hayes. >> the former fnl player's wife was also in the car and shot in the leg. she is expected to be okay. >>> an update to the of texas where a police officer slammed a 12-year-old to the ground. the video can be tough to watch. the officer has been fired. the superintendent of the school district said what the officer it was, quote, absolutely unwarranted and fired him. the strict also said the officer's report did not tell the whole story. the student was not seriously hurt. >>> 5:25. happening today, a federal court will decide whether bill cosby's wife camille will have to continue her testimony in a lawsuit against him. seven women in massachusetts accused the comedian of sexual assault and defamation. camille cosby gave a contentious deposition in february and at the time she refuse answer nearly 100 questions. a hearing will be held this afternoon. >>> drivers got to voice questions and concerns about the i-395 express lanes extension in virginia last night. the plan would bring th

even though they have eyewitness accounts, there's videotape of how will smith's vehicle rear ended mr. hayesl be determined here. is it an issue of who had the right to brandish a weapon, show a weapon, fire a weapon? what is at issue? >> fred, the issue is stand your ground law which we have covered over the years, that's in effect in louisiana. the issue is whether or not hayes felt he was in imminent fear of great bodily harm that would allow him justifiable manner to protect himself and shoot. >> if i can stop you there, that would mean after his vehicle is bumped as opposed to taking off, going a different direction, it would mean pursuing the person that just bumped you. seems to me you're no longer feeling the fear, you're going toward what you are saying fears you, then there's the issue of the weapon. pick it up from there after establishing fear or lack thereof. >> yeah. you cannot be the aggressor. that's the issue. you cannot be the aggressor. here after smith hit him in the rear and took off, hayes went after him. that makes him now an aggressor. and he bumps allegedly smith's v

smith and hayes exchange words and hayes pulled out a gun and began to shoot. >> we located mr.ide 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 believe there's is much more to the story. >> one of the parties besides mr. hayes may have had a firearm. >> 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 own 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 scheinman, nbc news. >>> well, this weekend the president was pressed about what he considers to be his worst mistake while in office. he told fox news sunday it was a lack of planning for w

police say there's no information showing directly that smith knew mr. hayes. >>> a former fifa vice president has pled guilty in the bribery scandal that's rocked the soccer world. alfredo hollet told a judge he accepted hundreds of thousands of dollars of bribess in exchange for marketing rights. the 64-year-old is facing four conspiracy counts, each carrying a maximum 20-year sentence. he's free on bail. hiss next court appearance is in october. >>> still to come on eyewitness news at 5:00, thousands of local and state employees will get their pink slips in a major cost cutting move. a federal appeals court reverses a landmark decision and a major >> the duke and duchess of cambridge making their way through india. >> as advertised, the warmup began today but now we have showers showing up west of the city, about to cross the hudson river, westchester county and in in new york state, we believe tomorrow starts today. all across the state, the economy is growing, with creative new business incentives, and the lowest taxes in decades, attracting the talent an

second-degree murder in the case but his attorney says hayes was not the aggressor shooting only in >> mr. hayes was portrayed as basically a monster who killed somebody because of a car accident, and nothing could be further from the truth. >> reporter: retired smith was one of the most beloved players in saints' history. his wife in the car at the time of the accident was rushed to the hospital with gunshot wounds to her leg. her injuries are not considered life threatening. >> our thoughts and prayers are obviously still with that family. you know, they're going through a very you have to time. >> reporter: tonight hayes remains in jail, his bond set at $1 million. jay gray, nbc news, new orleans. >>> well, it was a nasty morning but it is a spectacular evening and more to come we hope. >> yeah, more to come. you asked me have we turned the page. we had two inches of snow in waldorf the other day. really amazing for this time of year. we do need some warmer weather and it looks like we'll be getting some but today beautiful, into the 70s. we're not going to seeat a while but at least it was g

mr. 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

>> by someone other than mr. hayesalled the police department about the new video. they have not commented. fans remembering smith with this memorial. as for hayes, if convicted of second degree murder, he faces life in prison. ryan smith, abc news, new orleans, louisiana. >>> turning now to politics and a resounding no from house speaker paul ryan as the republican inches closer to what may be a contested convention. ryan is ruling out a white house run. speculation escalated last week when he posted a video that some say looked like a campaign ad. but ryan is now making it clear that heal not accept the republican nomination in 2016. >> if no candidate has a majority on the first ballot, i believe that you should only choose from a person who has actually participated in the primary. count me out. >> okay. so if this sounds familiar because it is, ryan also said that he did not want to be house speaker but ended up taking that job. he says this is different like apples and oranges. >>> ted cruz is firing back at dona

>> by someone other than mr. hayes. >> reporter: hayes has been charged with second degree murder and has not yet entered a plea but smith's killing adding to the conversation about guns in america. sean peyton advocating for more gun control saying in an interview, quote, 200 years from now they'll look back and say, what was this madness all about? robin. >> yeah, coach peyton was very outspoken. top stories starting with a major bank heist. >> the bank heist right here in new york city and it looked like it was straight out of a movie. the thieves opened an access hatch on the roof then cut a hole in the ceiling of the vault. once inside, they made off with $280,000 cash and looted the safe deposit boxes, cameras did not record a thing. no alarm sounded. leading some to suspect this was an inside job. >>> well, a former south carolina police officer has been sentenced to three years probation for fatally shooting a suspect. newly released video shows officer justin craven shooting into the car of 68-year-old earnest

smith sustained, i will say again that mr. hayess legally not guilty. >> reporter: a public viewing for the former new orleans saints player is planned for friday. for "cbs this morning," i'm manuel bojorquez. >>> the cdc has finally confirmed the zika virus causes birth defects. health officials say babies have abnormally small heads and other brain defects. more than two dozen states have a type of mosquito that could spread the zika here. so far, there have been no cases of zika infections in the u.s. transmitted through mosquitoes but the white house calls the threat imminent. >>> the golden state warriors have made nba history. >> it's official. number 73! the greatest record of a season in nba history the 2016 golden state warriors. >> a great team. the warriors are the first team to win 73 regular season games after beating the memphis grizzlies last night. the win breaks the record set by michael jordan and the chicago bulls in 1996. during the game, steph curry became the first player to make 400 three-point shots in a seas

quickly before the attorney for cardel hayes jumped out and said you have got it all wrong, this was mr. hayeslf after some hit and run. the attorney for the smith family says that's not an accurate portrayal. he says what hayes did is nothing short of murder. and he described the wounds to both smith, meaning will smith, and raquel. here's what the attorney said. >> suddenly, two shots are fired. she is shot immediately in both legs and she collapses. at this point, following the shooting of her, either right immediately, or moments therefore, the killer unloads six to eight shots into will's back. so in all, the killer shot will smith in the back eight times. >> reporter: the attorney described that hayes rammed his suv -- that was the big hummer -- into the back of the smith vehicle so strongly it shattered the back window. and then there was the altercation. he said that the wife actually got out of the vehicle. that's raquel. goes to her husband and thinks she is defusing the situation, come on, let's get away from this. they thought they had it all resolved and then torg to the attorney

commercial, you know, i don't know if you will be in touch with will smith's kids or the kids of mr. hayes if you were to help them or even offer advice what would you say? >> well, for me personally when i first heard about it, i immediately thought about the kids. specifically the boys. because it's what i went through. my father died when i was 3 years old. and so, you know, there are going to be a lot of questions you know from the boys, you know, what if they dent go out that night or what if they made a left turn versus a right turn. they're going to see pictures of them, video. a lot of his teammates are going to talk about how great of a guy he was. these are things that are going to be hard to hear. you know, it's really letting them to grieve over there, really understand it. i feel they will need counseling. but really it's the support of the city and understanding from their friends that they're going to need. we just need to be really patient and let them digest this just as much as we are in the community. so yeah i mean, we're there for them. we welcome them. and want to be

mr. clerk and welcome chief joanne hayes-white and cfo and other members of the budget committee a power point i don't know if so it loaded up i'm going to turn it over to to chief joanne chief joanne hayes-white we have 11540 role through it to the extent we'll recognize a busy schedule but heterosexuals at the end a general overview of the operation and a few issues and open up to question the departmental challenges the main challenge facing the fire department is deal what population growth and increased demand for services the city's growth will continue with large developments the department over the station 4 in the bayview near at&t park as well as we support other issues with regards to homelessness i want to give you a slide on the trend as you can see the population growth has contributed to increased call volume for the department for the most part this is especially in the past two fiscal years resulting in increased demand for department services and specifically increased pressure on the ambulance the larger driver is the overall is the medical calls projected increase of

hayes opened fire. >> he actually stood over will smith's dead body. >> reporter: did mr. smith ever threaten to go get his gun inside the car? >> i'm not aware of any threats by mr. smith to go get a gun. >> reporter: but police confirmed they found a fully loaded gun in smith's car, raising more questions, investigators more than two days to find it. the coroner said smith was shot eight times. seven in the back and once in the left side of his chest. and we're hearing from the attorney of hayes's passenger who called it justifiable homicide. a public viewing for smith now scheduled for friday as the investigation into his final moments intensifies. nbc news, new orleans. >>> now something much lighter. a california man arrived home from mexico with an unusual surprise, pulling into his driveway, he heard meowing coming from his car. he found a cat stuck inside his front fender. the local fire department arrived to free the furry stow away. to get the bumper. they took the whiskerred tag along to the local humane society. >> that's a name. tag along. tagging along? >> we

hayes pulled out a gun and began to shoot. >> we located mr. ith suffering from multiple gunshot wounds to his body. he was later pronounced dead on the scene. >> smith's wife was rushed to the hospital. hayes is now behind bars charged with second degree murder. bond was set. >> 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. 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. >> a man is behind bars tonight after police found weapons hidden inside his pickup truck at the entrance to the holland tunnel. he was driving through the toll plaza last night with a large blue plastic drum in the back of his truck. police pulled him over and say he admitted to having weapons inside. officers found a 12 gauge shotgun. murphy had no documentation for the gun. he has been charged with unlawful weapons possession. >>> in an unusual move, stamp prices went down two