Sean Higgins, the driver accused of killing NHL star Johnny Gaudreau and his brother Matthew, claims he is being unfairly prosecuted and that the victims were more intoxicated than him.
The driver accused of killing NHL star Johnny Gaudreau and his brother Matthew has claimed he is being unfairly prosecuted and that the victims of the deadly crash were more impaired than he was, according to court papers filed in New Jersey on Tuesday. Lawyers for Sean Higgins , 44, made the startling revelation in their request to receive more information about the testing protocols employed when investigators measured the blood-alcohol concentrations of the defendant and victims.
The 31-year-old Johnny Gaudreau, who played for the Columbus Blue Jackets and Calgary Flames, and his brother Matthew Gaudreau, 29, were fatally struck while bicycling at about 8:19 p.m. on August 29 last year in Oldsman Township, which is just outside of Philadelphia and Wilmington, Delaware. 'The State alleges that on or about the time of the incident ... Higgins had a blood alcohol concentration (BAC) of .087 while cyclists John Gaudreau had a BAC of .129 and Matthew Gaudreau had a BAC of .134,' according to the motion written by defense lawyers Richard Klineburger and Matthew Portella. A blood-alcohol concentration of .08 is considered impaired in New Jersey though a motorist 'can be convicted of driving while under the influence of intoxicating liquor even when your BAC is below 0.08 percent,' according to state guidelines. The defense also claimed in another filing on Tuesday that Higgins is being overcharged by Salem County prosecutors with reckless vehicular homicide and aggravated manslaughter which could lead to 35 years behind bars. They cited the 2021 prosecution of David M. Thomas who pleaded guilty to second-degree vehicular manslaughter and was sentenced to seven years in prison. Thomas blew a .156, nearly double the minimum to be considered under the influence, Higgins' lawyers said. Deandra L. Brown Palmer was sentenced to seven years in 2024 after pleading guilty to fatally striking a bicyclist while driving with a .22 BAC, Higgins' lawyers said. 'The State has made an initial plea offer of essentially thirty-five years state prison,' according to Higgins' defense. 'This offer is greatly out of range of other plea offers made in Salem County over the past few years.' Reps for Salem County Prosecutor could not be immediately reached for comment on Wednesday
Johnny Gaudreau Matthew Gaudreau Sean Higgins Fatal Crash Blood Alcohol Content Reckless Vehicular Homicide Legal Proceedings New Jersey
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Driver who fatally struck NHL's Johnny Gaudreau and his brother says they were drunker than him at the time911 calls released from fatal crash that killed NHL’s Johnny Gaudreau, brother
Read more »
Man Pleads Not Guilty in Fatal Cycling Accident Involving NHL Player Johnny GaudreauSean M. Higgins, accused of killing NHL star Johnny Gaudreau and his brother Matthew in a cycling accident while allegedly driving under the influence, pleaded not guilty to homicide charges in New Jersey.
Read more »
Driver Pleads Not Guilty in Fatal Cycling Crash Involving NHL PlayerSean M. Higgins, charged with killing NHL stars Johnny and Matthew Gaudreau, rejected a 35-year prison deal and pleaded not guilty. The case will proceed to trial.
Read more »
Aunt Shares Photo of Late Brother's Newborn SonKatie Gaudreau, aunt of Tripp Matthew, shared an Instagram photo of herself holding her late brother Matthew Gaudreau's newborn son, Tripp. The photo features Tripp's mother, Madeline Gaudreau, and photos of Matthew and his brother, NHL star Johnny Gaudreau. Tripp was born in December 2024, four months after the tragic deaths of Matthew and Johnny Gaudreau.
Read more »
Man Charged in Death of Ex-NHL Star Johnny Gaudreau Pleads Not GuiltySean Higgins, accused of killing Johnny Gaudreau and his brother Matthew in a DUI crash, rejects plea deal.
Read more »
Sean Higgins Pleads Not Guilty in Fatal Crash Involving NHL StarsSean Higgins, the man accused of killing NHL stars Johnny Gaudreau and his brother Matthew in a hit-and-run crash, pleaded not guilty in court. Prosecutors offered a plea deal of 35 years, but Higgins declined.
Read more »