The man accused of killing Johnny and Matthew Gaudreau is claiming that the pair also broke the law on the night of their deaths.
In August 2024, NHL star Johnny and his 29-year-old brother Matthew were killed in New Jersey.
The pair had been riding bikes at the time, when they were struck by a car allegedly being driven by Sean M. Higgins.
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Higgins later admitted to police that he'd had 'five or six beers' before getting behind the wheel of his Jeep.
Higgins has since been indicted on two counts of second-degree reckless vehicular homicide, two counts of first-degree aggravated manslaughter, fourth-degree tampering with physical evidence, and second-degree leaving the scene of a fatal accident.
But now, Higgins is wanting the indictment thrown out.
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In court documents obtained by NJ.com, Higgins says that the Gaudreau brothers were also intoxicated at the time of their deaths, but this information was omitted during his indictment hearing.
Higgins' defense attorneys Richard F. Klineburger and Matthew Portella are now arguing that the indictment should be dismissed because of the state’s failure to tell the grand jury about possible 'contributory negligence' by the Gaudreau brothers in their own deaths.
According to Higgins' lawyers, hockey player Johnny had a blood alcohol concentration of 0.129 percent when he was killed, while his brother Matthew had a reading of 0.134 percent — both of which were higher than Higgins' recorded blood alcohol concentration.
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There is a legal limit of 0.08 percent for drivers.
Like driving, it's illegal to ride a bike when under the influence of alcohol.
"Since bicyclists share public roadways with automobiles, they are subject to the same traffic laws," explains FindLaw.
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Speaking on the new court filing and the state allegedly omitting bits of information, Higgins' lawyers insisted that the intention is not to absolve him of any responsibility.
They wrote: "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.
"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."
Higgins has previously been offered a deal of 35 years behind bars in exchange for a guilty plea.
Niamh Shackleton