In court documents that also claim the hockey player brothers were intoxicated before to the accident, the attorneys for the man accused of killing hockey star Johnny Gaudreau and his brother in a crash last year intend to request that a judge dismiss his case.
On the evening of August 29, Sean M. Higgins, 44, of Pilesgrove, is accused of being drunk when he hit and killed Johnny Gaudreau, 31, and Matthew R. Gaudreau, 29, while they were riding bikes along a remote road in Salem County. At the scene, both brothers were declared deceased.
According to a recent court filing by Higgins’ lawyers, tests conducted as part of the crash investigation revealed that Matthew Gaudreau had a blood alcohol content of 0.134% at the time of his death, while Johnny Gaudreau had a level of 0.129%.
That exceeds Higgins’ reported blood alcohol content of 0.087%, which was more than the 0.08% legal limit for drivers.
In the recent court documents, Higgins’ lawyers made no claims that the Gaudreau brothers’ blood alcohol content was a contributing factor in the collision. The attorneys’ motion just requests more details regarding the methods used to get Higgins’ and the Gaudreaus’ blood alcohol readings.
When asked about the brothers’ blood alcohol readings, Gaudreau family members in court for the case’s hearing on Tuesday remained silent. A request for comment was also not quickly answered by a family lawyer.
The new court documents that contain the Gaudreaus blood alcohol readings are crucial for Higgins’ defense, according to his lawyers.
In light of the amount of publicity being generated, Higgins’ lawyers Richard F. Klineburger III and Matthew V. Portella stated in a statement that they believe these filings are crucial to guaranteeing that their client’s constitutional rights are upheld and that he is not receiving unjust treatment.
In December, Higgins was charged by a grand jury with two counts of first-degree aggravated manslaughter, two counts of second-degree vehicular homicide, abandoning the scene of a deadly accident, and fourth-degree tampering with physical evidence.
Higgins turned down a plea deal from the state last month that would have resulted in a 35-year jail term if he had admitted guilt.
On August 29, Matthew and Johnny Gaudreau were killed after they were hit while riding bicycles down a road in Salem County.(Photos in the File)
Superior Court Judge Michael Silvanio set deadlines for filing pre-trial motions in the case during Higgins’ appearance in court on Tuesday.
According to documents filed in court on Tuesday, the defense intends to file a motion seeking the dismissal of the December indictment, claiming the grand jury was not given any evidence that would have proven Higgins’ innocence.
The defense lawyers are requesting additional details regarding the testing procedures used and any other documents pertaining to testing on the samples in the court documents that mention the Gaudreau brothers were allegedly drinking prior to being hit.
The defense also sought documents on other plea deals in Salem County involving aggravated manslaughter and reckless vehicular homicide charges in separate court filings. Because of the Gaudreau family’s fame, they contend that Higgins’ plea deal of 35 years is significantly greater than those offered in other cases.
The hearing on Tuesday did not cover the motions’ contents or the blood alcohol levels.
At a post-indictment arraignment held on January 7 at the Salem County Courthouse in Salem, Guy and Jane Gaudreau listen.For NJ Advance, Dave Hernandez
Despite attending Tuesday’s hearing, members of the Gaudreau family, including the brother’s parents, chose not to talk to the media following the meeting.
Higgins recognized several of his family members in the gallery as he exited the courthouse, but he said nothing during the hearing on Tuesday. His relatives likewise chose not to remark.
The judge established due dates for the prosecution’s and defense’s motions and responses during the hearing. On March 26, the parties are scheduled to appear in court again.
Additionally, the defense has indicated that it intends to submit requests to have a number of pieces of evidence excluded from the trial.
According to court records filed last month outlining potential defense arguments, Higgins’ attorneys seek to suppress their client’s blood alcohol content readings, omit the state’s motor vehicle crash report, and prevent prosecutors from submitting statements Higgins made to police.
The Gaudreau brothers’ alleged alcohol consumption prior to the collision is the first public accusation made in the new court documents filed by Higgins’ lawyers. The brothers were not allegedly breaking the law, according to the documents.
Attorney Rachel Kugel, who is not involved in the case but discussed how New Jersey’s laws regarding driving while drunk operate, stated that there is no legal limit on the amount of alcohol that can be consumed while riding a bike, unlike while driving a car.
She stated that the legal limit for alcohol consumption on a bike is zero. Since it is a non-motorized vehicle propelled by human strength, it is exempt from the DWI regulations.
She implied that the defense was probably bringing up the boys’ blood alcohol content to cast doubt on other potential causes of the collision.
The parents of Johnny and Matthew Gaudreau reside a few miles from the scene of the collision, and both were raised in Salem County. The next day, the brothers were in town to be groomsmen at their sister’s wedding.
Prosecutors claim that Higgins attempted to pass cars in front of him while traveling north on Route 551/Pennsville-Auburn Road in Oldmans Township.
Investigators claim that he struck the Gaudreaus as they were riding their bikes on the shoulder of the road while attempting to unlawfully pass an SUV on the right side.
According to court documents, the drivers of the two cars Higgins passed prior to the deadly collision described his driving as aggressive and erratic, and one of them said that his car was partially on the grass when he struck the Gaudreaus.
About a tenth of a mile down the road, his car was severely damaged and rendered unusable, according to the prosecutor’s office.
According to investigators, Higgins was arrested at the scene after failing a field sobriety test.
Prosecutors claim Higgins acknowledged to having two beers while driving about for two hours prior to the collision and consuming five or six beers after wrapping up work the afternoon of the collision. After striking the Gaudreaus, he allegedly acknowledged attempting to conceal beer cans.
According to court documents, he allegedly admitted to investigators that his drinking had contributed to his impatience and careless driving the night of the collision.
Higgins also received tickets for driving under the influence, consuming alcohol in a motor vehicle, having an open alcohol container in a vehicle, improper passing, reckless driving, and making an unsafe lane change, in addition to his criminal charges.
In December, Salem County officials released 911 audio of other drivers attempting to seek assistance for the victims, and New Jersey State Police released body camera footage of the sobriety tests and Higgins’ arrest at the scene.
In exchange for consecutive 15-year sentences on both aggravated manslaughter charges, Higgins would have to enter a guilty plea to both charges under the state’s plea offer. He would also need to serve 85% of the 30-year sentence before becoming eligible for parole.
In exchange for a suggested five-year prison sentence, he would also have to enter a guilty plea to the charge of fleeing the scene of a deadly accident, making his total sentence 35 years.
According to the paper, Higgins would also have to cover funeral costs and compensation for the cost of replacing the bicycles and an Apple watch as part of the planned plea deal.
While his case is still pending, Higgins, a major in the New Jersey Army National Guard who works for a Pennsylvania-based substance misuse treatment network, is still in jail.
The wayside memorial honoring Oldmans brothers Johnny and Matthew Gaudreau is passed by cars. On August 29, the brothers were slain while cycling.For NJ Advance, Dave Hernandez
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Matt Gray
This report was written by staff reporters Dave Hernandez and Brianna Kudisch.
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