Attorney: Will Smith Did Not Brandish Gun

NEW ORLEANS (AP) — The Latest on the shooting death of football star Will Smith

An attorney for the family of Will Smith says the former New Orleans Saints star did not brandish a gun or have it on him before he was shot to death.

Peter Thompson, an attorney for the Smith family, gave an account of the shooting Wednesday based on his interviews with witnesses. He says Smith had a license to carry a concealed weapon but never threatened the man who shot him, Cardell Hayes, with the pistol.

Police said Tuesday that they found a 9 mm pistol in Smith's car after he was shot to death Saturday night. His wife, Racquel, also was shot in the leg and wounded.

Thompson also disputed reports that the Mercedes Smith was driving hit Hayes' Hummer before the shooting. He says Smith and his passengers drove away after slamming on their brakes behind the Hummer, believing they did not hit the vehicle.