NEW ORLEANS (WGNO) – Cardell Hayes the man accused of shooting former Saint Will Smith Saturday after a traffic accident remains in jail. His bond was set at $1 million. At a news conference Sunday, Hayes’ attorney, John Fuller, said Hayes was not the aggressor and hinted at a possible defense strategy.

28-year-old Hayes faces 2nd-degree murder charges for the shooting of Smith.

We spoke with Legal Analyst Craig Mordock to get some clarification.

“Hayes had every right being on public property to meet force with force if he reasonably fears his bodily harm or for his life,” Mordock said.

Attorney Fuller hinted Sunday that Hayes was involved in a possibly hit-and-run and that was the reason he followed Will Smith and ultimately crashed.

Fuller also said, Hayes called 911 after the shooting and convinced a witness to wait around for police.

Mordock says the next moves in the case will be critical for the prosecution.

“There’s going to be a race between the prosecution and the defense counsel. The prosecution has to indict in this case because it is punishable by life in prison,” Mordock explained. “The defense council, on the other hand, is going to want to do a preliminary examination. They want to test the State’s case to make sure that they have the requisite evidence against Cardell Hayes.”

Hayes is set to appear in another hearing in Orleans Magistrate Court, Monday afternoon.