NJ driver accused of killing Gaudreau brothers claims they were drunker than he was

An lawyer for the New Jersey antheral accused of killing hockey prima Johnny Gaudreau and his younger brother, Matthew, successful a drunken clang past August claims the victims drank much than the suspect and has asked for the charges to beryllium dropped.

The Gaudreau brothers were riding their bicycles on a agrarian roadworthy successful Salem County erstwhile Sean M. Higgins attempted to walk different operator connected the close and deed the brothers from behind, constabulary said. Both victims were pronounced dormant astatine the scene.

At the clip of his arrest, Higgins allegedly had a humor intoxicant attraction of 0.087%, conscionable implicit the ineligible limit, according to NJ.com. However, successful a caller tribunal filing, attorneys for Higgins accidental investigating done aft the clang showed Johnny Gaudreau had a BAC of 0.129%, portion Matthew’s was 0.134%.

Instagram / Katie Gaudreau

Katie Gaudreau with her brothers, Johnny and Matthew Gaudreau, who were fatally struck by a suspected drunk driver. (Instagram / Katie Gaudreau)

Higgins’ lawyer doesn’t contend the Gaudreau’s drinking led to the clang nor is either member accused of DWI for operating a non-motorized conveyance aft drinking. But the defence reportedly hopes to suppress the results of their client’s humor intoxicant investigating and disregard statements Higgins made to authorities aft the crash.

Police located Higgins not acold from the country of the mishap aft his severely damaged conveyance became inoperable. He reportedly told constabulary he’d consumed arsenic galore arsenic six beers earlier getting down the instrumentality connected Aug. 29, but hadn’t “had 1 successful similar 2 hours.”

Higgins, 44, faces 2 counts of first-degree aggravated manslaughter, second-degree vehicular homicide, leaving the country of a deadly mishap and tampering with carnal evidence. He pleaded not guilty successful January.

The suspect was reportedly offered a plea statement that would enactment him down bars for 35 years, but declined that deal.

He was successful tribunal connected Tuesday for a proceeding involving pretrial motions. He’s expected backmost successful tribunal connected March 26.

Johnny Gaudreau, 31, was an NHL prima who played for the Columbus Blue Jackets. Matthew Gaudreau, 29, played hockey astatine Boston College. The brothers were killed the time earlier they were expected to beryllium groomsmen successful their sister’s wedding successful New Jersey, wherever they were raised.