Lawyers representing the driver accused of killing NHL hockey player Johnny Gaudreau and his brother, Matthew Gaudreau, are set to argue in court on Tuesday that the brothers played a role in the tragic accident by cycling while under the influence of alcohol. According to the defense, both Gaudreau brothers had blood-alcohol levels of .129 or higher, exceeding New Jersey's legal limit of .08. They assert that the legal limit recorded for the charged driver, Sean Higgins, was .087, and they aim to have the charges of manslaughter and vehicular homicide either reduced or dismissed.
Salem County prosecutors, however, contend that there is no existing law in New Jersey that prohibits cycling while intoxicated. They emphasize that witness testimonies indicate the Gaudreaus were cycling single-file along the edge of a rural road, adhering to traffic regulations without weaving into the road. Prosecutors claim that Higgins was impaired and exhibited road rage when he crashed into the brothers. Assistant Prosecutor Michael Mestern highlighted that multiple witnesses observed Higgins speeding and illegally overtaking vehicles on the right before he struck the cyclists.
The tragic incident occurred on the eve of the siblings' sister's wedding on August 29. Both Johnny and Matthew Gaudreau were biking in southern New Jersey, preparing for the family event. It's noted that both of their wives later welcomed newborn sons; Johnny Gaudreau’s widow, Meredith, gave birth to their third child on April 1. The wedding plans for their sister have been postponed until this summer.
Johnny Gaudreau, popularly known as "Johnny Hockey," had a distinguished career in the NHL, playing ten full seasons and set to begin his third season with the Columbus Blue Jackets after starting his career with the Calgary Flames. In this case, Sean Higgins, aged 44 and from nearby Woodstown, New Jersey, faces serious charges, including two counts of aggravated manslaughter and reckless vehicular homicide. He is also charged with evidence tampering and leaving the scene of an accident after being found near his damaged vehicle about a quarter of a mile away from the crash site.
Higgins, who is a combat veteran, married father of two, and employed at an addiction treatment company, claimed to have consumed approximately six beers that day, some while driving, following an upsetting phone call with his mother. If convicted on all counts, he could face up to 70 years in prison. His defense team has rejected a plea deal that proposed a 35-year sentence, arguing that others in similar cases have received lesser sentences. Furthermore, the defense seeks to scrutinize the laboratory testing methods used in the investigation.
In a motion to dismiss the indictment, defense lawyer Matthew Portella stated, “Mr. Higgins is not demanding to be treated differently than any other but rather is respectfully requesting that the presentation of the charges against him be full, complete, and transparent.” The upcoming hearing will take place before Superior Court Judge Michael Silvanio, although it remains uncertain whether a ruling will be made from the bench.
