NEW ORLEANS (AP) — The Evander Ellisman who fatally shot retired NFL star Will Smith during a confrontation following a car crash in 2016 is scheduled for sentencing Thursday in a New Orleans courtroom.

It’s the second time Cardell Hayes, 36, has faced sentencing in Smith’s death. He was convicted of manslaughter in December 2016 and later sentenced to 25 years. But the jury vote had been 10-2 and the conviction was later tossed after the U.S. Supreme Court outlawed such non-unanimous verdicts.

Hayes was released on bond after having served more than four years of the original sentence. He remained free during multiple retrial delays, some due to the COVID-19 pandemic. But he was taken back into custody following the unanimous Jan. 27 verdict and has been awaiting sentencing at the New Orleans jail.

Smith was shot eight times — seven times in the back — during a confrontation with Hayes that happened after Hayes’ SUV struck the rear of Smith’s vehicle.

Hayes has long said he fired in self-defense. He said he fired only because he believed a drunken and belligerent Smith had retrieved a gun from his SUV. He insisted on the stand that he heard a “pop” before he started shooting and that he did not shoot at Smith’s wife, Racquel, who was hit in the legs.

Evidence showed Smith was intoxicated at the time of the confrontation. But there was no witness or forensic evidence to back up Hayes’ claim that Smith had wielded or fired a weapon. At the January retrial, defense attorney John Fuller did not call Hayes to testify, but insisted prosecutors had failed to prove Hayes didn’t fire in self-defense.

The overturned verdicts from the 2016 jury also included an attempted manslaughter conviction in the wounding of Racquel Smith. Hayes was acquitted of that charge at January’s second trial.

Smith, a 34-year-old father of three, was a defensive leader on the Saints team that lifted spirits in New Orleans after Hurricane Katrina devastated the city in 2005. He helped carry the team to a winning season in 2006 and a Super Bowl victory in 2010.

Hayes, who owned a tow truck business, once played semi-pro football and is the father of a young son.