The toxicology report on Will Smith, the former New Orleans Saints player who was shot to death, shows he had a blood alcohol reading of .235, John Fuller, the lawyer for shooting suspect Cardell Hayes, told CNN.
That was almost three times the legal limit of .08 for a driver in the state of Louisiana.
Smith, a city hero who played defensive end for the Saints, was slain April 9 in downtown New Orleans in an altercation that occurred after a traffic bump-up. Hayes, 28, is accused of killing Smith after they “exchanged words” in the street.
Hayes’ attorneys say he was not the aggressor, but rather a victim of a hit-and-run the night Smith was shot.
Smith was shot eight times, seven times in the back. His wife, Racquel Smith, was shot twice.
Hayes is charged with second-degree murder.