and the next thing i know, there is gunshots. >> reporter: officers say hayes opened fire, killing smith with two gunshots and shooting his wife, racquel, in the leg. an autopsy showed smith was shot in the side and back. michael harrison is the new orleans police chief. >> the information supports that mr. smith had walked away. and was returning to his car when he was fired upon. >> reporter: before the shooting, smith was at dinner with friends, which included a retired police officer, william ceravolo. ceravolo was named in a lawsuit, brought by the suspect hayes, against the new orleans police department after officers shot and killed his father in 2005. police say at this point there does not appear to be a connection between the two incidents. clyes' attorney has suggested his client acted in self- defense. scott, this memorial to will smith continues to grow tonight. >> pelley: manuel, thanks. a top wall street bank admits it misled investors, so why isn't ilyone going to jail? that's next.