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Legal Defense for Driver in Fatal Crash Involving NHL Player’s Brothers
In a courtroom session scheduled for Tuesday, legal representatives for the driver charged with the deaths of NHL player Johnny Gaudreau and his brother Matthew are poised to present a defense that implicates the brothers in the tragic accident by suggesting they were cycling under the influence.
The defense claims that the Gaudreaus exhibited blood-alcohol concentrations of .129 or higher, surpassing New Jersey’s legal threshold of .08. In contrast, Sean Higgins, the driver, was reported to have a blood-alcohol level of .087 at the time of the incident. The defense aims to contest the charges of manslaughter and vehicular homicide, seeking to have them either reduced or entirely dismissed.
However, prosecutors from Salem County argue that there is no prohibition against cycling while intoxicated in New Jersey. They assert that witnesses observed the brothers cycling properly, in a single-file line along a rural road, rather than erratically in traffic. Assistant Prosecutor Michael Mestern contends that Higgins exhibited signs of impairment due to alcohol and a state of road rage when he collided with the cyclists.
Mestern detailed in court documents that several witnesses reported having seen Higgins speeding and illegally overtaking vehicles just before striking the Gaudreaus. He emphasized that the brothers were cycling in accordance with traffic regulations, positioned safely at the edge of the road when the accident occurred. Consequently, he argues that the defense’s claims regarding the cyclists’ level of intoxication should not be considered relevant to the case.
The tragic accident took place on August 29, the day before the brothers were to celebrate their sister’s wedding. Since the incident, both wives of the Gaudreaus have welcomed newborns, with Johnny Gaudreau’s widow, Meredith, giving birth to their third child on April 1. Their sister’s wedding has been postponed and is now scheduled for this summer.
Johnny Gaudreau, affectionately referred to as “Johnny Hockey,” had an impressive career in the NHL, playing a decade before his untimely passing. He was in the midst of his third season with the Columbus Blue Jackets after spending his initial eight seasons with the Calgary Flames.
Sean Higgins, 44, from Woodstown, New Jersey, faces multiple charges including aggravated manslaughter, reckless vehicular homicide, as well as evidence tampering and fleeing the scene of an accident. He was located near his damaged vehicle at a distance from the crash site.
A combat veteran and father of two who worked in the addiction treatment sector, Higgins reportedly admitted to police that he had consumed approximately six beers that day, some consumed while he was driving after receiving distressing news from his mother.
If convicted on all charges, Higgins could face a sentence as lengthy as 70 years. His legal team has declined a plea offer of 35 years, asserting that similar cases have resulted in significantly lesser penalties. They aim to challenge the methodologies used in laboratory testing related to the case.
In a motion to dismiss the indictment, defense attorney Matthew Portella expressed that Higgins is not seeking special treatment but rather demands a thorough and clear presentation of the charges against him.
The upcoming hearing will be presided over by Superior Court Judge Michael Silvanio, although it remains uncertain if the judge will make an immediate ruling during the proceedings.
Source
www.cbc.ca