A.J. Perez

USA TODAY Sports

Former New Orleans Saints defensive end Will Smith’s blood alcohol level was three times the legal limit when he was shot and killed April 9 in an apparent road rage incident, according to a published report.

Smith had a blood alcohol content of 0.24 at the time of his death, NOLA.com reported Tuesday. (The legal threshold in Louisiana is 0.08.) The report cited two people with knowledge of the toxicology report who spoke on the condition of condition of anonymity because the report has not been made public.

"Our office is aware of several media reports about the blood alcohol level of Mr. Smith on the night he died,” Mason Harrison, communications director for the Orleans Parish Coroner, said in a statement provided to USA TODAY Sports.

“Given the ongoing criminal investigation surrounding his death, our office is withholding comment."

Aaron Looney, a spokesperson for the New Orleans police, also declined comment.

Cardell Hayes, 28, was indicted by an Orleans Parish grand jury April 28 on a second-degree murder charge. Hayes was also charged second-degree attempted murder related to shooting of Smith’s wife, Racquel.

A minor traffic collision preceded the deadly confrontation.

Smith sped away after his Mercedes SUV collided with Hayes’ vehicle. Surveillance footage appears to show Hayes give pursuit and, according to police, Hayes rear-ended Smith’s vehicle before the shooting occurred.

A message left with Peter Thomson, the lawyer for the Smith family, was not immediately returned.