The driver accused of killing NHL star Johnny Gaudreau and his brother Matthew in New Jersey last year is once again fighting to have the case tossed — this time claiming the state kept it a secret that the brothers were intoxicated when they were hit on their bikes.
Attorneys for Sean M. Higgins, 44, alleged in a court filing this week that the indictment should be dismissed because the state failed to tell the grand jury about possible “contributory negligence” by the Gaudreau brothers in their own deaths, according to documents obtained by NJ.com.
Higgins had previously argued that the brothers were drunker than he was the night he allegedly chugged half a dozen beers and fatally slammed into the pair while they were biking in Oldmans Township, N.J., last August.
Johnny, 31, and Matthew Gaudreau, 29, died at the scene.
Their respective blood alcohol concentration at their time of death was listed at 0.129% and 0.134%, respectively.
Higgins was driving with a 0.087% BAC — just over the legal limit.
In the filing, Higgins’ lawyers emphasized that the revalation does not absolve Higgins of responsibility, but shows that the Gaudreau brothers were also acting in violation of the law, which required cyclists to stay off roadways when under the influence.
“This is clearly not an argument that simply because the cyclists were intoxicated that it somehow exonerates Mr. Higgins by way of an affirmative defense and the indictment should be dismissed with prejudice,” they wrote.
“Rather, in an effort to ensure that a matter of this magnitude where the state is making a plea offer where they are requesting five times the state prison sentence of others similarly charged, there is a heightened need for transparency throughout the proceedings from start to finish.”
In January, Higgins rejected a plea deal that would have put him behind bars for 35 years. Instead, he has pleaded not guilty to a slew of charges, including manslaughter and vehicular homicide.
He faces up to 60 years in prison.
Follow the NY Post’s coverage on NHL star Johnny Gaudreau’s tragic death at 31:
The Gaudreaus were cycling along a rural roadway on Aug. 29 when the tragedy struck.
Their sister’s wedding was planned for the following day, with both brothers planning to be groomsmen.
Both of their wives were also pregnant at the time of the crash.
Johnny Gaudreau played 11 seasons in the NHL, most recently with the Columbus Blue Jackets.
Matthew Gaudreau, formerly of the New York Islanders, was a hockey coach.
