According to a report in the New Orleans Times-Picayune, former New Orleans Saints defensive end Will Smith had a blood alcohol level of .24 percent—three times the legal limit of .08 percent—when he was shot and killed last month. Smith was killed on April 9 after an altercation with former football player Cardell Hayes. The two were involved in a minor traffic incident in New Orleans when Smith rear-ended Hayes, and then another accident after Hayes followed Smith's car after it left the scene of the first accident. Tempers flared and Hayes shot Smith, killing him, and injuring Smith's wife Racquel as well.This latest news confirms something Hayes' attorney John Fuller floated in the immediate aftermath, that drugs or alcohol may have played a role in escalating the situation. Speaking to reporters on April 10, Fuller had this to say:
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The Smith family's lawyer, Peter Thompson, has previously said that Smith "was not inebriated to the point he couldn't drive," which is not, you will notice, quite an affirmation of sobriety.Police recovered a gun from Smith's car, but Thompson said he did not "brandish" it. Fuller, however, claimed that a witness saw the gun in Smith's possession, and that former NOPD officer Billy Ceravolo removed a gun from Smith's car when he was on the scene.Hayes is expected back in court for a hearing tomorrow, but it's not certain whether the toxicology results will be offered at that time. Hayes was indicted on a second-degree charge for Smith's murder, as well as second-degree attempted murder of Racquel Smith. Hayes has claimed through his attorneys that he was acting in self defense, and Smith's intoxication could have an impact on the degree of murder with which Hayes is ultimately charged or convicted.[Times-Picayune]"My client was not the aggressor, in terms of the behavior that happened after the accident," said John Fuller, the defense attorney who represented Hayes at his first appearance in Orleans Parish magistrate court. "My client is of the opinion that toxicology should be conducted of all the parties involved in this incident, and that would shed some light on the behavior of some of the participants."