Driver says shotgun slayer was drunk

The man who drove the car that Gary Lamont Hayes fired three shotgun rounds from into the body of Odell Foster said that Hayes was drunk and impaired when he fired the .12-gauge Mossberg pump shotgun.

Moises Rodriquez came from his home in New Jersey to testify for the state Thursday in Hayes first-degree murder trial in Craven County Superior Court.

Meanwhile, several Havelock police officers who took Hayes and Rodriquez into custody minutes after the shooting at Bayside Restaurant in Havelock April 26, 2008 said Hayes was not impaired.

Walter Paramore III, representing Hayes said in opening statements that part of Hayes’ defense was that he was an alcoholic and was drunk in the early morning hours when he shot and killed Foster outside the 24-hour restaurant.

Rodriquez said that Hayes had been to a house party on Nine-Mile road before the two of them went to Hot Shots, a nightclub behind Dunkin’ Donuts in Havelock. He said Hayes been drinking all day. “Ever since I knew him he has been a drinker,” Rodriquez said. The two are former Marines who served together.

Rodriquez said Hayes wanted to go to Hot Shots the night of April 25 to play a rap music disc, which Hayes had produced. “He was in no condition to drive, so I drove him. I didn’t want to go; I just wanted to go home.”

Rodriquez said the disc jockey finally played the disc and the two left for the Bayside Restaurant since the club was closing.

With Hayes in the passenger side of Rodriquez’s Cadillac the two rode through the parking lot of the restaurant where Rodriquez was looking for a friend inside.

He said that two men were standing on the outside of the restaurant and said something toward the car. “Hayes said something back,” he said.

One of the men looked like he was reaching in his waistband for a weapon. “My window was down and within seconds shots were fired,” he said.

Rodriquez explained that the shotgun was between Hayes passenger door and seat. “He got the gun leaned over me with the barrel in my face and fired shots, I shut my eyes,” he said.

“He then told me to ‘drive’,” Rodriquez said.

Havelock police who were patrolling the area stopped the two about a mile from the restaurant.

Police officers testified that they heard shots fired from the Bayside and went quickly into action stopping the Cadillac less than a mile away.

Rodriquez said he was arrested and charged with first-degree murder by Havelock police. He was put in jail and last August he pleaded guilty to felony obstruction of justice. He was given credit for time served.

He said neither District Attorney Scott Thomas nor Paramore promised him anything for the testimony. “They both told me to tell the truth,” he said.

Thomas’ witnesses Thursday who are all trained police officers testified that Hayes was not impaired when he was stopped shortly before 3 a.m.

In cross-examining Havelock officer Josh Tripp, Paramore asked him if Hayes was given a sobriety test. The officer said no. Tripp did say that he did not smell alcohol on Hayes and that he followed instructions during the felony traffic stop after the shooting. Hayes even climbed out of the passenger window because his door was locked. “He showed no signs of being impaired,” Tripp said.

Paramore said that his client shot and killed Odell, but he was impaired at the time and had diminished mental capacity.

Several State Bureau of Investigation agents from the state lab in Garner are expected to testify in the trial which is expected to last into next week.

Hayes is also expected to testify next week. If he is found guilty, he could be sentenced of life in prison without parole.

Francine Sawyer can be reached at 252-635-5671 or at fsawyer@freedom enc.com.