Attorney John Fuller said he has a "strong suspicion" Smith may have been "under the influence of some kind of mind-altering substance" on Saturday

April 12, 2016 02:40 PM

One of the defense attorneys representing the suspect in the slaying of former New Orleans Saints star Will Smith is telling reporters he believes a second gun could have been present during Saturday’s incident, and added that he wants everyone involved in the incident that unfolded in New Orleans to submit to toxicology testing.

Talking to reporters on both Sunday and Monday, John Fuller, the lawyer hired by the suspect, 28-year-old Cardell Hayes, suggested blood work “be conducted on all of the parties that were involved in this,” noting the results “should shed some light on the behavior of the participants.”

Fuller said that, based on the observations of eyewitnesses to the shooting, he has a “strong suspicion” Smith may have been “under the influence of some kind of mind-altering substance” on Saturday night.

Fuller has not responded to PEOPLE’s repeated calls for comment on Smith’s shooting death.

Fuller also told reporters he believes a second gun was involved in the incident, saying, “To say that only one gun was confiscated is a little bit different than saying that only one gun was present.”

Fuller added, “It would be safe to say that not only did my client feel threatened but citizens that were out there on that block felt threatened as well. The unearthing of a second gun will lend itself to the defense of Mr. Hayes.”

Fuller further insisted that media accounts of Smith’s murder “are not completely consistent with everything that happened,” and contended his client “was not the aggressor” in Saturday’s violence.

Smartphone footage shot moments after the shooting reveals the chaotic aftermath that followed Saturday’s incident. One eyewitness can be heard in the video claiming someone warned the shooter he was armed, which allegedly prompted the shooter to withdraw his gun and start firing.

Smith’s wife Racquel was also shot on Saturday, sustaining bullet wounds to one of her legs. In the video, she can be heard sobbing and screaming for help. “I’m shot, I’m shot,” she cries out. “Help! I need an ambulance. My leg has been shot. Where’s the ambulance? Where’s my husband?”

Police claim Smith was shot multiple times following a heated exchange with Hayes. The argument followed a minor car accident involving both of their vehicles.

Cardell Hayes
Orleans Parish Sheriff's Office via AP

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Surveillance Footage Shows Mercedes SUV Rear-Ending Hummer

Newly discovered surveillance footage from the surrounding area shows a Mercedes Benz SUV – the vehicle Smith had been driving that night – rear-ending a Hummer, which is what Hayes drives.

The footage, which police have not confirmed, shows the Hummer pulling over to the side of the road and stopping as the Mercedes Benz SUV pulls around it and drives away from the scene. The Hummer can be seen following the Mercedes Benz SUV out of the frame.

Smith and his wife met up with two men for dinner hours before the shooting: former Saints teammate Pierre Thomas and William Ceravolo, a former New Orleans police captain named in a wrongful death lawsuit filed in 2006 by Hayes, PEOPLE confirms.

The ex-cop was one seven parties Hayes sued following his father’s 2005 shooting death at the hands of police.

Hayes’s father, Anthony, was shot nine times the night of Dec. 26, 2005, after allegedly refusing orders from police who’d spotted him walking down the street with a small knife. The suit, which sought $4 million in damages, was settled out of court in 2011 but the terms of the settlement agreement remain under a court-ordered seal.

In his suit, Hayes, 28, alleged police used excessive force in their handling of his father, who had a history of mental illness, according to the filing. The suit alleged that the city failed to properly train its police.

A motion to dismiss the suit, filed by attorneys for the city, alleged that Anthony Hayes pointed his knife at Ceravolo before lunging at him. Other officers, fearing for the captain’s life, opened fire, but Ceravolo’s gun remained holstered.

Hayes has been charged with second-degree murder and is being held on $1 million bond.

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