Judge rejects defense that Gaudreau brothers contributed to own deaths

Importance Score: 72 / 100 🔴

Family Endures Painful Hearing in Gaudreau Brothers Cycling Tragedy

The family of NHL star Johnny Gaudreau and his brother Matthew endured emotional testimony on Tuesday as legal representatives debated whether the men’s alcohol consumption contributed to their deaths. The brothers were fatally struck by a driver allegedly impaired by alcohol and exhibiting road rage while they were cycling at night in New Jersey.

Judge Upholds Charges Against Driver

Following nearly two hours of legal arguments, a judge dismissed the defense’s claim of contributory negligence. Superior Court Judge Michael Silvanio affirmed all charges against the driver, Sean Higgins, including aggravated manslaughter and vehicular homicide, confirming the case would proceed on the existing charges.

“There is no basis to support the argument that the cyclists’ actions were a significant factor in the incident,” Judge Silvanio stated.

Defense Attempts to Reduce Charges Based on Cyclists’ BAC

The defense argued that the Gaudreau brothers had blood-alcohol levels exceeding .129, surpassing New Jersey’s legal limit of .08. Police recorded Higgins’ blood alcohol content at .087. Higgins’ legal team sought to have the most severe charges, manslaughter and vehicular homicide, reduced or dismissed based on this contention.

Assistant Prosecutor Michael Mestern countered, “Suggesting that their BAC levels were a contributing factor to their deaths is, at best, a speculative assertion.”

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Witnesses Corroborate Safe Cycling by Brothers

According to Mestern, other motorists informed law enforcement that the brothers were cycling responsibly at the edge of the roadway and were not swerving into traffic lanes. Prosecutors contend that Higgins was under the influence of alcohol and motivated by road rage when he collided with the brothers.

“Four witnesses observed the defendant speeding and illegally overtaking another vehicle on the right when he struck the Gaudreau brothers. These witnesses also confirmed the brothers were riding in a single line, adhering to the direction of traffic, along the fog line immediately before the collision,” Mestern detailed in a prior memo.

Tragedy Before Sister’s Wedding

The Gaudreau brothers were cycling near their hometown in southern New Jersey on August 29th, the day before their sister’s wedding ceremony. Both brothers’ wives have since welcomed newborn sons. Johnny Gaudreau’s widow, Meredith, gave birth to their third child on April 1st. The sister’s wedding has been rescheduled for the summer.

Gaudreau Brothers’ Background and Higgins’ Charges

Johnny Gaudreau, also known as ‘Johnny Hockey’, was preparing for his third season with the Columbus Blue Jackets in the National Hockey League (NHL), following eight seasons with the Calgary Flames. Matthew Gaudreau played hockey at Boston College, mirroring his older brother’s path, and was employed as a high school hockey coach.

Sean Higgins, 44, from Woodstown, New Jersey, faces multiple charges, including two counts of reckless vehicular homicide and aggravated manslaughter, alongside charges for evidence tampering and leaving the scene of an accident. He was located near his damaged vehicle, which had stopped roughly a quarter mile from the crash site.

Higgins’ Account and Defense Strategy

Higgins, identified as a combat veteran and married father of two employed by an addiction treatment center, allegedly told police he had consumed approximately six beers that day, some while driving, after a distressing phone conversation with his mother.

Higgins’ attorneys clarified that while mentioning the Gaudreaus cycling without lights after nightfall, their intention was not to assign blame or exacerbate the family’s suffering, but to provide a comprehensive defense for their client.

“Neither Mr. [Richard] Klineburger nor myself are blaming the two cyclists for this tragic incident. That would be insensitive and inaccurate,” attorney Matthew Portella stated, while the Gaudreau family members present displayed visible distress.

Instead, Portella contended that the grand jury did not receive a complete account of all pertinent facts before indicting Higgins on charges suggesting intentional recklessness and fleeing the scene.

Judge Upholds Indictment, Trial Date Set

Prosecutor Mestern asserted the indictment was legally sound, a view supported by the judge. Judge Silvanio upheld the indictment, advancing the case to trial and setting the subsequent hearing for June 10th.

If convicted on all counts, Higgins could face a maximum sentence of 70 years in prison. His defense lawyers have declined a plea agreement offer of 35 years.


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