Will Smith's blood alcohol reading .235, lawyer says

Cardell Hayes, left, and Will Smith.

(CNN)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.