Sources said NFL player Donte Stallworth was found to have marijuana in his system as well as alcohol on the morning he struck and killed a pedestrian with his car.
Local 10 sources close to the case said a toxicology report showed Stallworth was not only legally drunk before hitting and killing 59-year-old Mario Reyes, but he also had marijuana in his system.
Sources said the Reyes family knew about the toxicology report and the marijuana before signing off on Stallworth's plea deal. Under the deal, Stallworth pleaded guilty to DUI manslaughter charges and was sentenced to 30 days in prison. He also paid an undisclosed settlement to the family of the victim.
Local 10 also has learned that there is surveillance video of the March 14 incident on the MacArthur Causeway that showed Reyes illegally crossing the expressway and darting out in front of Stallworth's car. A court hearing is set for Thursday morning to determine if that videotape can be unsealed and released to the media.
Attorney David Cornwell released the following statement Tuesday evening:
"Evidence leaked or released over the coming days and weeks will reflect exculpatory statements and acts by Donte, the presence of marijuana in his blood, and it will highlight the critical issue of causation. Miami law enforcement personnel, the prosecution, the defense and the court were fully aware of all of the evidence when the plea agreement was reached. We will continue to address these matters candidly and privately with the NFL," the statement said.
The 911 call from the night of the crash also has been released. At about 7:17 a.m. on March 14, Miami Beach dispatchers received a frantic call from Stallworth.
"Listen, this guy ran in front of my car and he is (expletive) lying in the street," the caller said.
Police said Stallworth's blood-alcohol level was 0.126 percent after the crash. Florida's legal limit is 0.08 percent.
The 911 tape reveals the frantic call for help and the fact that Stallworth was trying to figure out what happened.
"Did you hit him with your vehicle?" the dispatcher asked.
"No, he just ran in front of my car," Stallworth said.
"Did he hit your vehicle?" the dispatcher asked.
"Yes, sir," Stallworth said.
The tape supports his lawyer's claim that Stallworth stayed at the scene to make sure the victim got help.
Stallworth is now halfway through his 30-day prison sentence and will be released in July. After that, Stallworth will do community service.