BY JENNIFER LEBOVICH
Cleveland Browns wide receiver Donte' Stallworth was driving drunk -- blood alcohol tests showed he was over the legal limit -- last weekend when he struck and killed a pedestrian with his Bentley in Miami Beach, a source with knowledge of the investigation told The Miami Herald.
Miami Beach police would not confirm Stallworth had a blood alcohol above the legal limit.
''We have not released anything regarding the blood work,'' said Jenny Velazquez, a Miami Beach police spokeswoman. ``We're not confirming anything.''
WSVN-Fox 7 reported Thursday afternoon that Stallworth's blood alcohol level was .12. The legal limit is .08.
No charges have been filed against Stallworth, 28, who is seen on a video obtained by The Herald being given a sobriety test by two Miami Beach police officers.
Robert Switkes, Stallworth's civil attorney, said he had not seen the toxicology report.
''I have not seen them, and I have no comment,'' he said.
Stallworth, who is cooperating with police, issued a statement Wednesday expressing his condolences to the family of Mario Reyes.
''My family and I are grief stricken over the tragic accident which occurred Saturday on Miami Beach where Mario Reyes sadly lost his life,'' Stallworth said in a prepared statement. ``My thoughts and prayers are with the Reyes family during this incredibly difficult time.
''Unfortunately, since this accident is still under police investigation, I cannot comment further on the matter at this time,'' Stallworth said.
Reyes, 59, was getting off work as an overnight crane operator and trying to cross the street to catch a bus home just after 7 a.m. He died at the scene.
Reyes was born in Cuba and left as a teenager for a better life in the United States. He worked numerous construction jobs. He was an avid baseball fan, particularly fond of the Florida Marlins. Reyes is survived by his wife of almost 20 years, Catalina, and the couple's 15-year-old daughter, Daniela.