The lawyers of Sean Higgins, 44, who is accused of killing NHL player Johnny Gaudreau, 31, and his brother Matthew, 29, while they were cycling, argue he is being unfairly prosecuted.
On Monday, in court, his lawyers questioned the victims’ blood-alcohol testing protocols, claiming they were more impaired than he was, according to Global News.
A tragedy in New Jersey
On Aug. 29, Columbus Blue Jackets winger Gaudreau and his younger brother, were killed while riding their bikes after Higgins, when he was driving drunk in New Jersey.
“The State alleges that on or about the time of the incident…Higgins had a blood alcohol concentration (B.A.C.) of .087, while cyclists Johnny Gaudreau had a B.A.C. of .129 and Matthew Gaudreau had a B.A.C. of .134,” stated the motion written by defence lawyers Richard Klineburger and Matthew Portella.
After their deaths, the NHL released a statement, saying, “The National Hockey League family was shocked and saddened by the tragic passing of Columbus Blue Jackets forward Johnny Gaudreau and his brother Matthew. While Johnny’s infectious spirit for the game and show-stopping skills on the ice earned him the nickname ‘Johnny Hockey.’ He was more than just a dazzling hockey player. He was a doting father and beloved husband, son, brother, and teammate who endeared himself to every person fortunate enough to have crossed his path.”
Prosecutors are ‘overcharging’ Higgins
However, Higgins’s defence argues that prosecutors are overcharging him with reckless vehicular homicide and aggravated manslaughter. These charges that could result in a 35-year prison sentence.
They cited another case in which Deandra L. Brown Palmer was sentenced to only seven years in 2024. This was after pleading guilty to killing a cyclist while driving with a 0.22 per cent B.A.C.
“The State has made an initial plea offer of essentially 35 years in state prison,” the defence said. “This offer is greatly out of range of other plea offers made in Salem County over the past few years.”
In January, at the first hearing for the accused, defence lawyers stated they aim to prove the deaths resulted from “uniquely unfortunate circumstances” rather than “malfeasance.” They described Higgins as a combat veteran with faith in the legal system.
Prosecutors said Higgins, a married father of two and addiction treatment worker, had a history of road rage and was impaired after drinking five or six beers.
He claimed to have been…
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