Court records show the 28-year-old man arrested in the shooting death of former New Orleans Saints player Will Smith will appear before a state judge in Orleans Parish Criminal Court.

Cardell Hayes, who’s being held one $1 million dollar bond, will appear in court Monday at 3 p.m. to determine if he has an attorney. Hayes was in magistrate court Sunday night where his bond was set on a charge of second-degree murder. At that hearing, defense attorney John Fuller did seek to have Hayes’ bond reduced.

Police say Smith and his wife were shot late Saturday night following a traffic accident in the city’s Lower Garden District. Smith was shot in the back and side, according to a warrant read in court Sunday night before a magistrate set a $1 million bond for the man accused of killing him.

Police said Smith, 34, was killed in a case of road rage by a man who had rear-ended his car. Prosecutors have 60 days to decide whether to bring that charge against Hayes.