This is probably going to get buried but fuck it, so the predicate auto accident scene is a huge problem for Hayes because it was his abrupt stop which caused this accident. There were no traffic control devices, hazards, pedestrians, or vehicle obstructions present which could be used to justify the dangerous and irresponsible abrupt breaking of the vehicle which caused this very minor traffic accident. Will Smith was traveling at a safe distance and speed before he impacted Hayes' vehicle.

Will Smith's decision to continue driving would have resulted in a traffic citation. Hayes would have been cited for having abruptly stopped, impeding the flow of traffic, thus causing the minor vehicle accident.

Hayes is the aggressor because he also departed the scene of an accident, pursued Smith's vehicle, impacted Smith vehicle from the rear, causing a second and a third vehicle accident(s), dismounted his vehicle, and discharged his weapon into Smith's vehicle, thus causing Smith's death and the wounding of Mrs. Smith.

There is no justification or civil responsibility for a civilian to depart the scene of an auto accident to pursue a fleeing vehicle or criminal. The practiced is frowned upon and is highly discouraged.

It is apparent, Hayes did exit his vehicle while in possession of his weapon; there is no evidence to support Hayes having returned or retreated to his vehicle to recover his weapon. The introduction of a weapon after having dismounted his vehicle is very clear evidence of an unprovoked and an unlawful escalation and aggregative use of deadly force.

Hayes having called 911 does not absolve him of his irresponsible and criminal actions. Hayes dismounted his vehicle with a weapon and there was NO apparent, pending, or existing threat of death or serious bodily injury to himself, his passenger, or pedestrians.

Lastly, it is very obvious and apparent, Will Smith made the correct decision to flee the initial accident scene, given Hayes behavior at each accident scene. The prosecution will seek to present evidence regarding all criminal weapons related incidents which involved Hayes.

Hayes may be charged with attempted murder (aggregated assault) regarding Mrs. Smith and a possible upgrade of the existing charges if it is established, Hayes intentionally pursued Smith's vehicle, caused the intentional vehicle impact, so he could confront Smith while in possession of a weapon.

Hayes' passenger can't help him because the numerous witnesses are consistent regarding having identified Hayes as the aggressor because Hayes dismounted his vehicle with a weapon and closed the distance between himself and Smith.