Former New Orleans Saints defense end Will Smith's blood alcohol content was over the legal limit the night he was tragically shot and killed, according to a report from

Jonathan Bullington of reports through a source that Smiths' BAC was 0.24, three times higher than the legal Louisiana limit of 0.08. He was operating a vehicle moments before he was shot 8 times and died.

Smith was shot and killed following a traffic altercation with Cardell Hayes in the Lower Garden District of New Orleans on the night of April 9th. He was 34 years old.

Hayes, 28, has a court hearing tomorrow. He is facing first degree murder charges for Smith's death, as well as attempted second-degree murder for shooting Smith's wife Raquel twice in the legs.

Hayes attorney claims the shooting was in self-defense. Smith's lawyer called it cold blooded murder.