The blood alcohol levels of Johnny and Matthew Gaudreau should not be allowed as evidence when the trial of their alleged killer begins, argued the brothers’ attorneys.
Prosecutors filed court documents at the Salem County Prosecutor’s Office in New Jersey on Wednesday, April 9, seeking to make the BAC levels inadmissible, according to TMZ Sports.
The lawyers said the brothers’ level of intoxication at the time of their deaths is “irrelevant.”
“Multiple witness accounts show that it was the defendant’s actions and his actions alone that caused the collision that led to Matthew and John Gaudreau’s deaths,” the documents stated.
Related: How Johnny Gaudreau’s Presence Was Felt During His Son’s Birth
Meredith Gaudreau found a special way to include her late husband Johnny Gaudreau as she welcomed their third child. While welcoming baby Carter into the world on April 1, Meredith made sure photos of the former professional hockey player were placed throughout the hospital room. “Carter Michael Gaudreau — same middle name as his daddy,” […]
Johnny, 31, and Matthew, 29, were struck and killed by alleged drunk driver Sean M. Higgins in August 2024 while riding bicycles in Oldmans Township, New Jersey the night before their sister Katie Gaudreau’s wedding.
In a February court filing, attorneys for Higgins presented evidence alleging Johnny had a blood alcohol concentration of 0.129% when he was killed, while Matthew’s concentration was 0.134%.
Both numbers are higher than Higgins’ alleged level of 0.087%, which was above the legal driving limit of 0.08%.
The attorneys did not argue that the Gaudreaus’ blood alcohol levels played a role in the crash, but filed a motion to obtain additional information about how the levels for the brothers and Higgins were collected.
“We believe these filings are essential to ensuring that our client’s Constitutional rights are protected and that he is not being treated unfairly based upon the amount of publicity being garnered,” Higgins’ attorneys, Richard F. Klineburger III and Matthew V. Portella, said in a statement obtained by NJ.com.
Higgins was charged with two counts of first-degree aggravated manslaughter, two counts of second-degree reckless vehicular homicide, a fourth-degree charge of tampering with physical evidence and a second-degree charge of leaving the scene of a fatal accident.
In January, Higgins pleaded not guilty to all charges.
At the time, Higgins rejected a plea deal that would have seen him serve 35 years in prison. Higgins’ attorneys argued the 35-year offer was higher than usual due to the fame and notoriety surrounding the case and the Gaudreau family.
Related: Johnny Gaudreau’s Family Guide: Meet the Late NHL Star’s Wife and Kids
Courtesy of Meredith Gaudreau/Instagram Although Johnny Gaudreau loved the game of hockey, his family always came first. Off the ice, the NHL player enjoyed spending quality time with his wife, Meredith, and their two children, Noa and Johnny. Tragedy struck the Gaudreau family, however, when Johnny and his younger brother, Matthew Gaudreau, were killed while […]
Higgins’ next court date is scheduled for April 15.
Meredith Gaudreau, Johnny’s wife, gave birth to the couple’s third baby on April 1.
“Carter Michael Gaudreau — same middle name as his daddy,” Meredith shared via Instagram. “8lb 3 ounces, 20.5 inches — exact same as his daddy. He looks exactly like his daddy too 🥰.”
Meredith added, “I love you so much my baby! We are going to have so much fun. I can’t wait to give you the best life, my special boy forever. John, thank you for giving me our beautiful family. We love u, Daddy and miss you so much ♥️.”
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