The driving force accused of killing NHL star Johnny Gaudreau and his brother Matthew in New Jersey final 12 months is as soon as once more preventing to have the case tossed — this time claiming the state stored it a secret that the brothers have been intoxicated once they have been hit on their bikes.
Attorneys for Sean M. Higgins, 44, alleged in a court docket submitting this week that the indictment needs to be dismissed as a result of the state failed to inform the grand jury about doable “contributory negligence” by the Gaudreau brothers in their very own deaths, in line with paperwork obtained by NJ.com.
Higgins had beforehand argued that the brothers have been drunker than he was the evening he allegedly chugged half a dozen beers and fatally slammed into the pair whereas they have been biking in Oldmans Township, N.J., final August.
Johnny, 31, and Matthew Gaudreau, 29, died on the scene.
Their respective blood alcohol focus at their time of loss of life was listed at 0.129% and 0.134%, respectively.
Higgins was driving with a 0.087% BAC — simply over the authorized restrict.
Within the submitting, Higgins’ legal professionals emphasised that the revalation doesn’t absolve Higgins of accountability, however reveals that the Gaudreau brothers have been additionally appearing in violation of the regulation, which required cyclists to remain off roadways when beneath the affect.
“This is clearly not an argument that simply because the cyclists were intoxicated that it somehow exonerates Mr. Higgins by way of an affirmative defense and the indictment should be dismissed with prejudice,” they wrote.
“Rather, in an effort to ensure that a matter of this magnitude where the state is making a plea offer where they are requesting five times the state prison sentence of others similarly charged, there is a heightened need for transparency throughout the proceedings from start to finish.”
In January, Higgins rejected a plea deal that might have put him behind bars for 35 years. As a substitute, he has pleaded not responsible to a slew of prices, together with manslaughter and vehicular murder.
He faces as much as 60 years in jail.
Observe the NY Put up’s protection on NHL star Johnny Gaudreau’s tragic loss of life at 31:
The Gaudreaus have been biking alongside a rural roadway on Aug. 29 when the tragedy struck.
Their sister’s wedding ceremony was deliberate for the next day, with each brothers planning to be groomsmen.
Each of their wives have been additionally pregnant on the time of the crash.
Johnny Gaudreau performed 11 seasons within the NHL, most just lately with the Columbus Blue Jackets.
Matthew Gaudreau, previously of the New York Islanders, was a hockey coach.
