Will Smith‘s blood alcohol level was allegedly three times the legal limit when the former New Orleans Saints defensive end was shot and killed during a confrontation involving another driver in April.
NOLA.com broke the story, reporting a source confirmed the news based on anonymity because the incident is still under investigation.
One source said toxicology results, which have yet to be made public, put Smith’s blood alcohol content at 0.24 percent, three times Louisiana’s legal limit of 0.08 percent. The report was handed to the attorneys of Smith’s alleged killer, Cardell Hayes, at a discovery hearing on Wednesday morning, writes ESPN.
Attorney for the Smith family, Peter Thomson, said if the news is accurate, it does not change the fact that a life was taken.
“Nothing that happened changes the fact or justifies the fact that [Hayes] crashed into the back of Will Smith’s car, then shot his wife Racquel, who was just standing there, twice with a .45-caliber handgun, almost killing her.”
And nothing changes the fact or justifies the fact that the same person shot Will Smith seven or eight times in the back and murdered him. And nothing changes the fact that Will Smith and Racquel are the victims in this case.”
Smith, 34, and his wife were shot in New Orleans’ Lower Garden District after a heated exchange following a pair of traffic accidents on the night of April 9.
Hayes is facing charges including second-degree murder of Will Smith and the attempted murder of Raquel Smith, among others. Attorneys for Hayes have not denied he was the shooter, though he pleaded not guilty — likely setting up a claim of self-defense, writes NOLA.com.