Prosecutor says whether the Gaudreaus drank before they were killed while cycling isn't relevant

Maryclaire Dale · The Associated Press

· Posted: Apr 15, 2025 7:25 AM EDT | Last Updated: 4 minutes ago

Lawyers for the operator charged with sidesplitting NHL hockey subordinate Johnny Gaudreau and his brother, Matthew, are expected to reason successful tribunal Tuesday that the brothers contributed to the fatal clang by cycling portion impaired.

According to the defence, the Gaudreaus had blood-alcohol levels of .129 oregon above, higher than the .08 ineligible bounds successful New Jersey and the .087 that constabulary recorded for Sean Higgins. They anticipation to person the manslaughter and vehicular homicide charges reduced oregon dismissed.

However, Salem County prosecutors enactment that determination is nary instrumentality banning cycling portion intoxicated successful New Jersey, and that witnesses said the brothers were riding single-file connected the borderline of the agrarian road, not weaving into traffic. Prosecutors person accused Higgins of being impaired by intoxicant and fuelled by roadworthy rage erstwhile helium ran into them.

"There are 4 witnesses that witnessed the suspect speeding and illegally passing the Bronco connected the close erstwhile helium struck the brothers. The witnesses besides saw the brothers riding azygous file, with the travel of traffic, connected the fog enactment conscionable anterior to being struck by the defendant," Assistant Prosecutor Michael Mestern wrote this period successful asking the justice to exclude the defense's "contributory negligence" mentation astatine trial.

He said determination was "no credible argument" that would marque the cyclists' intoxication levels relevant.

The Gaudreaus were bicycling adjacent their hometown successful confederate New Jersey connected the eve of their sister's wedding connected Aug. 29. Both of their wives person since fixed commencement to sons. Johnny Gaudreau's widow, Meredith, gave commencement to their 3rd kid connected April 1. The sister's wedding was postponed until this summer.

Johnny Gaudreau, known arsenic "Johnny Hockey," played 10 afloat seasons successful the NHL and was acceptable to commencement his 3rd with the Columbus Blue Jackets. He played his archetypal 8 seasons with the Calgary Flames.

Higgins, 44, of adjacent Woodstown, New Jersey, is charged with 2 counts each of aggravated manslaughter and reckless vehicular homicide, on with grounds tampering and leaving the country of an accident. He was recovered beside his damaged conveyance astir a 4th mile from the scene.

A combat seasoned and joined begetter of 2 who worked for an addiction attraction company, helium told constabulary helium had consumed astir a half-dozen beers that day, immoderate portion driving, aft an upsetting telephone telephone with his mother.

He faces a maximum 70 years successful situation if convicted connected each counts. His lawyers person rejected a plea connection of 35 years, arguing that defendants successful comparable cases received acold little time. The defence besides wants to reappraisal the laboratory investigating methods.

"Mr. Higgins is not demanding to beryllium treated otherwise than immoderate different but alternatively is respectfully requesting that the presumption of the charges against him beryllium full, implicit and transparent," defence lawyer Matthew Portella wrote successful a question to disregard the indictment.

The proceeding is acceptable to instrumentality spot earlier Superior Court Judge Michael Silvanio. It's not wide if helium volition regularisation from the bench.