Sean Higgins, the individual accused in the deaths of NHL player Johnny Gaudreau and his brother Matthew, will face trial this summer. A New Jersey judge has rejected the defense's claim that the brothers' alcohol consumption contributed to their deaths, upholding the original charges.
The ruling was delivered by Superior Court Judge Michael Silvanio after a court hearing. The judge dismissed the defense's argument, stating there was no validity to the claim of contributory negligence by the cyclists. Assistant Prosecutor Michael Mestern described the defense's argument as "a reach."
Court records indicate that Johnny and Matthew Gaudreau had blood-alcohol levels of .129 or higher while riding their bicycles on August 29th, the day before their sister's wedding. They were struck and killed by Higgins, who allegedly hit them while attempting to pass a vehicle. Witness testimonies supported that the brothers were not riding recklessly.
Witnesses reported that Higgins was speeding and illegally passing another vehicle on the right when he struck the brothers. The witnesses also observed the brothers riding single file, with the flow of traffic, near the fog line before the collision. Higgins' blood-alcohol level was .087, exceeding the legal limit in New Jersey.
Higgins faces charges including aggravated manslaughter, vehicular homicide, evidence tampering, and leaving the scene of an accident. He admitted to drinking on the day of the incident, including while driving. Higgins' attorneys stated their motion was not to blame the brothers, but argued that the grand jury did not have all the facts. Higgins pleaded not guilty in January and could face up to 70 years in prison if convicted on all charges. He is scheduled to return to court on June 10th.
7 Comments
Answer
Blaming Higgins solely ignores the choices made by the brothers. They had a responsibility too.
The Truth
Higgins may have made a mistake, but let’s not forget that the brothers also contributed to their fate.
Answer
This could have been avoided if the brothers made smarter choices. Why is no one talking about that?
The Truth
It’s sad that the focus is only on punishment for Higgins instead of acknowledging all factors involved.
Marishka
The justice system is too quick to jump on the driver when the victims made poor decisions too.
moshiurroney
The law should protect responsible citizens, and Higgins' actions put lives at risk. Justice is needed.
Sammmm
Speeding and illegally passing another vehicle is a crime. The deaths of the Gaudreau brothers are on Higgins, not them.