Source: Will Smith’s BAC nearly 3 times limit

12:59 PM ET

NEW ORLEANS — Former New Orleans Saints defensive end Will Smith’s blood alcohol content was nearly three times the legal limit on the night he was shot and killed, a source confirmed to ESPN on Wednesday.

Smith’s BAC was 0.235 according to the source, as first reported by NOLA.com. The legal limit in Louisiana is 0.08.

Results of the toxicology report have not been made public, but they were completed this week and turned over to the defense team for alleged killer Cardell Hayes during a discovery hearing Wednesday morning.

The attorney for Smith’s family, Peter Thomson, said he has not seen the toxicology report. But he emphasized that even if reports are accurate, “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.”

Hayes’ attorney John Fuller countered that it’s “only right that the jury knows the state of mind of all parties.”

“Certainly this is something we’ve always been concerned with and suspicious of,” Fuller said of the reports of Smith’s blood alcohol content.

Fuller previously suggested on the day after the shooting that the toxicology reports would “shed a light on the behavior of some of the …

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