<> at Mercedes-Benz Superdome on September 9, 2012 in New Orleans, Louisiana.

Police plan to add charge to man accused of killing Will Smith, per report


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Related: This is the guy who has been arrested in connection in the road-rage killing of Will Smith


According to the Associated Press, police are planning to charge Cardell Hayes with either attempted murder or aggravated battery in the alleged shooting of Will Smith's wife, Racquel.

Racquel Smith was shot in the leg and treated for her injuries, while Will Smith was shot in the back and side late Saturday night following a reported road-rage incident and died shortly thereafter, according to the USA Today.

Hayes' attorney got an order to preserve all ballistic evidence, but would not say whether or not he believes two guns were involved, per AP.

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Hayes was arrested in connection with the shooting, but has not been charged at this time. According to the USA Today, Hayes was following a hit-and-run driver moments prior to striking the back of Smith's Mercedes. The report does not note whether or not Smith was the driver from the original hit-and-run accident.

According to Hayes' attorney, per USA Today, the case is much more complex than the police have made it out to be as he points to Hayes calling 911 after being hit and convincing a witness to stay and speak with police.