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There appears to be no dispute that Cardell Hayes shot and killed former Saints defensive end Will Smith, and so Hayes will claim he was defending himself and the passenger in his Hummer when he killed Smith in New Orleans on Saturday night.

Hayes’ passenger, Kevin Oneale, has not been charged in the incident but has hired a lawyer. And that lawyer told NBC News that Hayes was protecting both himself and Oneale.

“Smith had a gun and was going to shoot it and Cardell may have saved both of their lives,” attorney Tanzanike Ruffin said. “In my mind, this is justifiable homicide. We assume Will Smith is a saint but he’s not.”

Hayes’ lawyer has previously said that Hayes was “not the aggressor” in the incident. Hayes, who is facing a charge of second-degree murder, appears set to claim the killing of Smith was self defense.