Hayes’ allegedly mentally unstable father, Anthony, got into an argument with an employee at a pharmacy while holding a pocket knife in 2005.
Police said he lunged at an officer and sergeants Jeffrey Walls and Jeffrey Hochman and officer Gary Kessel shot him dead.
A judge later ruled that legal force was justified.
Hayes was suing the city and named six officers in the shooting, according to Fox News, saying non-lethal force such as a stun gun should have been used to subdue his father, but police did not have them.
The lawsuit filed on behalf of Hayes’ son had sought $4million in damages.
That case was settled in 2011 for an undisclosed ‘large’ sum, attorney Ike Spears said.
Police had no information to suggest that the fatal shooting of Hayes’ father in 2005 had any link to the killing of Smith, NOPD superintendent Michael Harrison said.
‘Our investigation continues as to motive of the shooting, and whether or not Smith and Hayes knew each other prior to this incident,’ Harrison said.
Hayes was arrested (pictured) at the scene of Smith’s murder for allegedly fatally shooting Smith and shooting his wife Racquel Joseph Smith in the leg
Ceravolo (right), who considered Smith (left) and Thomas ‘personal friends’, said he did not know he was named in the lawsuitAnthony Hayes (circled in 2005) was shot and killed by New Orleans police in 2005 after they say he lunged at them with a pocket knife
Ceravolo (circled) served the New Orleans Police Department for 25 years and was captain of the force when he was named in the lawsuit. He retired from the NOPD in 2013. Hayes was arrested after he rear-ended Smith’s car and allegedly shot the Super Bowl winner multiple times.
The crash, which happened around 11.30pm Saturday night, caused Smith’s $115,400 Mercedes Benz G-Class SUV to rear-end the Chevy Impala in front of him, driven by his friend, according to CBS News.
Smith then walked over to confront Hayes and the two men exchanged words, NOLA.com reported.
It is unclear when Smith walked back to his car after confronting the 28-year-old, but Hayes allegedly pulled out a handgun and unleashed a barrage of bullets at Smith and his wife, Racquel R. Joseph Smith.
Smith died slumped behind the wheel of his car but his wife, who was shot in the leg twice, was transported to a nearby hospital and is expected to recover. She came out of surgery and was ‘doing well’ this evening.
Officers arrived at the scene within four minutes of the shooting, Harrison said, according to the Advocate.
‘The driver of the Hummer shot Smith multiple times and his 34-year-old wife twice in the right leg,’ NOPD spokesman Juan Barnes said in a statement.
Hayes stayed at the crime scene until police arrived, the New York Daily News reported.
A witness at the scene, Janis Baehr, a tourist in town for the French Quarter Festival, said she was walking near the intersection and heard six to eight gunshots, NOLA.com reported. Smith’s bullet-ridden vehicle was towed away shortly after the shooting by police.