Toxicology results indicate Smith’s blood alcohol content at 0.24 percent, was three times Louisiana’s legal limit of 0.08 percent, before he got behind the wheel of the Mercedes

One source said toxicology results, which have yet to be made public, put Smith’s blood alcohol content at 0.24 percent, three times Louisiana’s legal limit of 0.08 percent. The two sources discussed the report on condition of anonymity because they were not authorized to speak publicly. Peter Thomson, an attorney for the Smith family, did not immediately return messages Tuesday (May 31) seeking comment on the toxicology results. Thomson has said previously that Will Smith, who was driving before the fatal altercation, was not “inebriated to the point” of being unable to drive.
It’s unclear whether the toxicology results will be presented during a June 1 court hearing for Cardell Hayes, the 28-year-old former semi-professional football player charged with murdering Smith. Hayes is also accused of attempted second-degree murder for shooting Smith’s wife Racquel following the April 9 chain-reaction crash in which Hayes’ Hummer struck the Smiths’ SUV on Sophie Wright Place near Felicity Street.
That accident came just minutes after a surveillance camera recorded Will Smith’s Mercedes-Benz apparently rear-ending Hayes’ vehicle on Magazine Street, and then Smith’s car leaving the scene with Hayes in pursuit.
Little new information was revealed at a discovery hearing May 20 in the Will Smith murder case.

Did inebriation play a part in the proceedings? Will Smith’s blood alcohol content was 3 times the legal limit  when he was fatally shot on April 9.

The results of Smith’s toxicology test could be presented in court on Wednesday, where Hayes is set to appear for a preliminary hearing.
Hayes, a 28-year-old who once played semi-professional football, is also facing a charge of attempted second-degree murder for allegedly wounding Smith’s wife Raquel during the shooting.
The shooting occurred after Hayes’ Hummer hit Smith’s Mercedes SUV from behind on the night of April 9, according to police.
Minutes earlier, a surveillance camera in the area appeared to capture as Smith’s car rear-end Hayes’ vehicle and took off, with Hayes in pursuit. Hayes’ defense lawyer, John Fuller, has said his client was not the aggressor and that a witness saw a gun in Smith’s possession.
A loaded gun was found in Smith’s vehicle, according to police police, but Thomson insists Smith never brandished or carried a gun that night.  Thomson has described Hayes as ‘enraged’ during the altercation and portrayed his clients as the victims.
Smith was shot seven times in the back and once along his side, the coroner said. The attorney for Hayes has pointed out that Hayes stayed at the scene of the shooting until police arrived.

The indictment of Hayes on April 28 by a grand jury meeting in secret brought an abrupt end to an open hearing on whether there was cause to hold Hayes in Smith’s death.
Before that hearing ended, however, a private investigator testified that a witness told him she saw retired New Orleans Police officer William Ceravolo, a friend of Smith’s, take a gun from the front seat of Smith’s car before investigators arrived, an allegation Ceravolo’s attorney has denied.