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Driver who fatally hit NHL player and his brother argues 'they were drunker than him' in plea to drop criminal charges

Home> News> US News

Published 18:25 5 Feb 2025 GMT

Driver who fatally hit NHL player and his brother argues 'they were drunker than him' in plea to drop criminal charges

Sean Higgins stands accused of fatally hitting the NHL player and his brother after drinking six beers

Liv Bridge

Liv Bridge

Featured Image Credit: Salem County Correctional Facility/Katie Gaudreau/Facebook

Topics: Crime, Court, Alcohol, US News, Sport

Liv Bridge
Liv Bridge

Liv Bridge is a digital journalist who joined the UNILAD team in 2024 after almost three years reporting local news for a Newsquest UK paper, The Oldham Times. She's passionate about health, housing, food and music, especially Oasis...

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@livbridge

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A drunk driver who fatally hit and killed an NHL player and his brother argues that the victims were 'drunker' than him in his plea to drop criminal charges.

Sean Higgins and his legal team are reportedly looking to dismiss his indictment from his double drunk-driving fatal crash in a bombshell new court filing, by claiming the victims had consumed more alcohol than him at the time.

While NHL player, Johnny Gaudreau, 31, and his brother, Matthew, 29, were cycling in Oldmans Township, New Jersey, on August 29, 2024, Higgins' Jeep Grand Cherokee north crashed into them north on County Route 551, reports NBC.

Johnny Gaudreau was a popular player for the NFL (Jason Mowry/Getty Images)
Johnny Gaudreau was a popular player for the NFL (Jason Mowry/Getty Images)

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The 44-year-old has been charged with vehicular homicide, aggravated manslaughter and other related offenses, like tampering with evidence and leaving the scene of an accident, after he allegedly struck the brothers and fled.

Appearing before a pre-trial conference on Tuesday, Higgins' attorneys requested additional photographic evidence from prosecutors and filed paperwork for a report on blood alcohol testing.

The tests were carried out on the brothers and Higgins in the aftermath of the fatal collision.

The legal team reportedly claim the Columbus Blue Jackets hockey star and his brother were both found to have a higher blood alcohol concentration than the defendant, reports NJ.com, with Jonny's at 0.129 percent and Matthew's at slightly higher, 0.134 percent.

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After reportedly drinking six beers, Higgins' blood alcohol content at the time of the crash was 0.87 percent, just above the legal limit of 0.08 percent.

Bodycam footage of Sean Higgins (CBS Philadelphia/YouTube)
Bodycam footage of Sean Higgins (CBS Philadelphia/YouTube)

The legal team did not claim the brothers broke any laws or that their intoxication caused the crash but outlined they wanted additional information on how the readings were collected.

The new court filing is the first to reveal the brothers were drinking booze before the crash.

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Defense lawyers, Richard Klineburger III and Matthew Portella, said in a statement: "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 tragedy hit headlines after it was revealed the brothers died the night before their sister's wedding while Matthew's wife, Madeline, was pregnant with their first child.

The widow announced their baby boy, Tripp Matthew, was born in December last year, just months after the crash, reports NY Post.

Matthew and Madeline (Facebook/Madeline Gaudreau)
Matthew and Madeline (Facebook/Madeline Gaudreau)

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The authorities reportedly found Higgins has a history of 'road rage', reports The Daily Mail, and a witness told police that he had been driving aggressively.

Defense attorney, Portella, described Higgins as a loving father who 'made a horrible decision that night.'

Higgins rejected a plea deal on January 7 that would have put him behind bars for 35 years, of which he would've had to serve 85 percent before being eligible for parole.

He instead pleaded not guilty to the charges and faces more than 60 years in jail if he's convicted.

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