Driver who fatally struck NHLs Johnny Gaudreau, his brother says they were drunker than him at the time
The driver accused of killing NHL star Johnny Gaudreau and his brother Matthew in New Jersey last year is fighting to have his indictment tossed — while alleging that the bicycling brothers were both drunker than him at the time of the deadly hit-and-run, according to a report.Sean Higgins, 44, detailed the Gaudreau brothers’ blood alcohol levels in new court documents filed Tuesday seeking to have his charges dropped, NJ.com reported.Higgins, 44, had allegedly chugged half a dozen beers before he fatally slammed into the Columbus Blue Jackets hockey star and his brother while they were riding bicycles in Oldmans Township, NJ, last August.The driver’s blood alcohol concentration was listed as being 0.087% — just over the legal limit, court papers state.Tests also showed Johnny’s blood alcohol concentration level was 0.129% when he was killed, while his brother had a reading of 0.134%, according to the filing cited by the outlet.Higgins’ attorney did not argue in the new filing that the Gaudreau brothers’ blood alcohol levels played any role in the crash, according to NJ.com.The court papers also don’t allege the brothers were breaking the law at the time.Instead, the filing asks for additional information on how the readings were collected — as his defense team plans to ask a judge to dismiss the indictment leveled against him, the outlet reported.“We believe these filings are essential to ensuring that our client’s Constitutional rights are protected and that he is not being treated unfairly based upon the amount of publicity being garnered,” the attorneys, Richard Klineburger III and Matthew Portella, said in a statement.The double tragedy made national headlines after it emerged the two brothers had been killed on the eve of their sister’s wedding.
The ordeal only intensified when the family revealed Matthew’s widow, Madeline, was pregnant with their first child at the time of his death.Their son was born late last year.Meanwhile, th...