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.
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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.
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.
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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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