Charges upheld against accused in Gaudreau brothers' deaths
Published
A New Jersey judge has upheld all charges against Sean Higgins, the man accused of killing Columbus Blue Jackets star Johnny Gaudreau and his brother, Matthew Gaudreau, last summer.
The most serious charges against Higgins include manslaughter and vehicular homicide.
The Gaudreau brothers were cycling on a rural road near their hometown the night before their sister's wedding when they were struck and killed on Aug. 29.
Lawyers for Higgins argued that the brothers were intoxicated themselves, which directly played a role in their deaths.
According to a court filing made by Higgins' representation, Johnny Gaudreau had a blood alcohol level of 0.129 when he was killed, while Matthew Gaudreau's came in at 0.134. The legal limit in the state in the state is .08. Higgins himself had a blood alcohol level of .087. Higgins told police that he had consumed approximately six beers and had been drinking will operating his vehicle.
“There’s no credence in the argument there was contributory negligence on the part of the cyclists,” said Superior Court Judge Michael Silvanio ruled after a nearly two-hour hearing on Tuesday.
The 44-year-old Higgins faces up to 70 years in prison on two charges each of reckless vehicular homicide and aggravated manslaughter, as well as evidence tampering and leaving the scene of an accident.
Lawyers for Higgins previously rejected a plea deal that would have seen a 35-year sentence.
Johnny Gaudreau, 31, was set to embark on his 12th NHL season and third with the Blue Jackets. He spent the first nine seasons of his career with the Calgary Flames.
Matthew Gaudreau, 29, played collegiate hockey at Boston College. He went on to have a five-year pro career with stints in the American Hockey League and ECHL.