Will Smith's BAC Reportedly Nearly Triple Legal Limit on Night of Death

On the evening of April 9 when he was shot and killed, former New Orleans Saints defensive end Will Smith reportedly had a blood alcohol content of 0.235, almost three times the legal limit of 0.08.   

Mike Triplett of ESPN.com reported the news Wednesday, citing a toxicology report that hasn't been released to the public. NOLA.com first reported the news, per Triplett.

Smith, 34, was fatally shot in the Lower Garden District of New Orleans.  

The Smith family's attorney, Peter Thomson, spoke to Triplett about the situation. Although he hadn't seen the toxicology results, he didn't believe those altered the events that led to his client's death, allegedly at the hands of Cardell Hayes:

"

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.

"

According to Triplett, the toxicology results were revealed Wednesday during a discovery hearing and given to Hayes' defense team. Hayes' attorneys have requested video footage from the night of April 9 at the dining establishments Smith apparently visited to support the toxicology report's findings.

"[It's] only right that the jury knows the state of mind of all parties," said Hayes' attorney, John Fuller, per Triplett. "Certainly this is something we've always been concerned with and suspicious of."

Fuller also said Hayes had no drugs or alcohol in his system on the night of the shooting and that his client was not the aggressor in the altercation that led to the shooting.

A bond reduction hearing is slated for Friday, per Triplett.

Smith was a 2004 first-round draft pick out of Ohio State, playing all nine of his full NFL seasons with the Saints and serving as a key player on the franchise's Super Bowl XLIV-winning team.