Driver charged in Gaudreau deaths says brothers were more impaired than him

Sean M. Higgins, the operator charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew portion they biked connected a agrarian roadworthy successful New Jersey past year, is asking a justice to disregard his indictment successful caller tribunal documents that accidental the brothers were drinking anterior to the collision.

Higgins, 43, was charged with 2 counts of decease by auto, on with reckless driving, possession of an unfastened instrumentality and consuming intoxicant successful a centrifugal vehicle. In September 2024, it was reported that he had a blood-alcohol level of .087, supra the .08 ineligible bounds successful New Jersey.

Higgins struck the brothers from down arsenic they were riding their bikes successful Carney’s Point, N.J., connected Aug. 29, sidesplitting them some successful the deadly deed and run. But present Higgins’ lawyers are claiming that the Gaudreaus’ humor intoxicant was higher than his successful an effort to get his charges dropped.

According to the caller tribunal filing, Higgins’ lawyers accidental investigating done arsenic portion of the probe aft the fatal clang showed that Johnny had a blood-alcohol level of 0.129 erstwhile helium was killed, portion his member Matthew’s speechmaking was 0.134.

According to New Jersey lawyer Rachel Kugel, who spoke during the proceeding connected Tuesday, there is nary ineligible limit for intoxicant depletion for cyclists successful the state. They are exempt from the instrumentality that governs driving portion intoxicated.

“There is nary ineligible bounds for intoxicant connected a bike,” she said. “It’s a non-motorized conveyance operated by quality muscular power, and, therefore, not covered nether the DWI laws.”

Higgins’ lawyers did not reason that the Gaudreau brothers’ blood-alcohol levels played immoderate relation successful the clang and didn’t allege the brothers were breaking the instrumentality astatine the time, according to the report.

The filing is asking for further accusation connected however the readings for the blood-alcohol levels were collected for each parties.

“We judge these filings are indispensable to ensuring that our client’s Constitutional rights are protected and that helium is not being treated unfairly based upon the magnitude of publicity being garnered,” Richard F. Klineburger III and Matthew V. Portella, Higgins’ lawyers, said successful a statement.

Higgins’ lawyers besides issued 2 different motions connected Tuesday, which code his arraignment successful January, aft turning down a 35-year plea woody and pleading not blameworthy to 2 counts each of aggravated manslaughter and vehicular homicide. His lawyers asked for details connected akin Salem County plea deals successful caller years.

The justice Tuesday acceptable deadlines for the defence to record its motions and for the prosecution to record a response. The parties are acceptable to instrumentality to tribunal connected March 26.

Higgins faces up to 20 years, a condemnation that the justice said made him a formation risk. Higgins reportedly broke into tears aft the ruling successful September, and cried connected and disconnected during the hearing, respective outlets reported.

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Higgins told constabulary helium had 5 oregon six beers that time and admitted to consuming intoxicant portion driving, according to the transgression complaint. He besides failed a tract sobriety test, the ailment said. A authoritative antecedently said helium had been drinking astatine location aft finishing a enactment telephone astatine astir 3 p.m., and helium besides had an upsetting speech with his parent astir a household matter.

He past had a two-hour telephone telephone with a person portion helium drove astir successful his Jeep with an unfastened container, archetypal adjunct authoritative Jonathan Flynn said. He had been driving aggressively down a sedan going conscionable supra the 50 m.p.h. velocity limit, sometimes tailgating, the operator told police. She said she slowed down and veered near to debar hitting the cyclists and Higgins opted to walk her, veering right, which is erstwhile helium deed the brothers.

Prosecutors besides claimed Higgins had a past of assertive driving and roadworthy rage, and pointed to a speech betwixt the operator and his wife, made soon aft helium was booked into jail.

“‘You were astir apt driving similar a seed similar I ever archer you you do. And you don’t perceive to me, alternatively you conscionable outcry astatine me,’” his woman told Higgins erstwhile helium called her from jailhouse aft his arrest, Flynn said.

Johnny Gaudreau was a fourth-round prime of the Calgary Flames successful 2011 and made his NHL debut successful 2014 conscionable aft playing his last assemblage game. He was named to the league’s all-rookie squad during his archetypal afloat nonrecreational season.

He was perennially 1 of the apical players successful the athletics and successful 2021-22 acceptable vocation highs with 40 goals, 75 assists and 115 points.

That summer, helium signed a seven-year declaration worthy $68.25 cardinal with the Columbus Blue Jackets arsenic the apical escaped cause connected the market. He made 2 much all-star play appearances, giving him 7 total.

Matthew Gaudreau – who played hockey alongside his celebrated member astatine Boston College – was acceptable to go a first-time dada with his wife, Madeline, successful December.

—with files from Global News’ Michelle Butterfield and The Associated Press