The alleged drunk driver accused of killing NHL star Johnny Gaudreau and his brother, Matthew, in New Jersey wiped away tears Tuesday as a judge rejected his claim the siblings’ own drinking may have contributed to their deaths.
Sean Higgins, 44, had been fighting to have the charges against him dropped after he was accused of fatally slamming into the Columbus Blue Jackets hockey star and his brother as they rode bikes in Oldmans Township on the eve of their sister’s wedding last summer.
During Tuesday’s hearing, the grief-stricken Gaudreau family winced as Higgins’ attorney spent hours arguing the manslaughter and vehicular homicide charges should be reduced, or dismissed, because the brothers were allegedly drunker than him when the tragedy unfolded.
“There’s no credence in the argument there was contributory negligence on the part of the cyclists,” Superior Court Judge Michael Silvanio eventually ruled — as a teary-eyed Higgins wiped his face.
Higgins, who cops alleged chugged half a dozen beers in the lead up, had recorded a .087 blood alcohol reading in the wake of the Aug. 29 crash, his defense lawyers argued.
The brothers, meanwhile, had blood-alcohol levels of .129 or above — higher than the Garden State’s .08 legal limit.
“To say that their BACs may have contributed to the cause of death is a reach to say the least,” Assistant Prosecutor Michael Mestern said at the hearing.
Prosecutors noted, too, that several other drivers had told cops the brothers were riding safely on the edge of the road ahead of the crash.
“There are four witnesses that witnessed the defendant speeding and illegally passing the Bronco on the right when he struck the brothers,” Mestern argued. “The witnesses also saw the brothers riding single file, with the flow of traffic, on the fog line just prior to being struck by the defendant.”
Higgins’ lawyers — who pointed out the Gaudreaus were cycling without lights in dark — insisted they weren’t trying to cast blame or contribute to the family’s pain.
“[We] are not blaming the two bicyclists for the incident. That would be ridiculous. That would be wrong,” lawyer Matthew Portella said as the Gaudreaus’ parents and sisters grimaced in the courtroom.
Portella instead argued that the grand jury wasn’t given all of the facts before it approved charges that allege he was intentionally reckless ahead of the crash and fled the scene in the aftermath.
The double tragedy involving the brothers made national headlines last year after it emerged the duo had been killed on the eve of their sister’s wedding.
Making matters even more tragic, both of their wives have since given birth to sons.
Johnny’s widow, Meredith, gave birth to their third child on April 1, while Matthew’s widow, Madeline, had their baby late last year.
Their sister’s wedding, meanwhile, has been postponed until this summer.
Higgins, for his part, rejected a plea offer of 35 years.
He now faces a maximum 70 years in prison if convicted on all counts.
With Post wires
