Will Smith's blood alcohol content reportedly was measured at 0.24 percent the night he was shot to death in downtown New Orleans, according to a NOLA.com report.
One NOLA.com source put Smith's BAC at 0.24 and another concurred that the former Saints Pro Bowler was over the legal limit of 0.08.
Cardell Hayes was arrested and charged with shooting Smith eight times and his wife, Racquel, twice on April 9 following a traffic incident in which Smith appeared to rear-end Hayes’ Hummer and drive away.
Smith family attorney Peter Thomson had said Smith was not "inebriated to the point" of being unable to drive.
Hayes’ initial court hearing is scheduled for Wednesday where he faces charges of first-degree murder in Smith’s death and second-degree attempted murder in the Racquel Smith shooting. It is unknown whether or not the toxicology results will be shared in court, but Hayes’ lawyers have argued he fired his weapon in self-defense.
In addition to the gun Hayes allegedly used to kill Smith, police recovered a second loaded gun from Hayes’ Hummer and another from Smith’s Mercedes SUV. Smith’s gun had no indications of being fired, according to police.