Gaudreau brothers had alcohol in systems at time of death: court files

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New defence documents filed in New Jersey’s superior court Tuesday indicate that Johnny and Matthew Gaudreau’s blood alcohol levels as they rode bikes along a road near their home last summer were higher than that of the driver charged with fatally hitting them.

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In one of three filings presented during a pre-trial hearing in the state’s case against Sean M. Higgins, it was revealed that tests performed after the crash by state officials showed the NHL All-star’s blood alcohol content (BAC) at 0.129 per cent at the time of his death. His younger brother’s was slightly higher at 0.134 per the motion supplied to the National Post by the defendant’s lawyers.

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As previously reported, Higgins’ alleged BAC was 0.087, just above the state’s .08 threshold.

The Woodston man’s lawyers are motioning for more specifics on how blood samples were collected from all three, records of tests performed on the samples since and information on general testing protocols.

The filings do not allege the brothers’ level of inebriation contributed to the crash nor that they were breaking the law as they cycled along the unlit, rural-two-lane road in rural Oldsman Township, PA., near their parent’s home, on the evening of Aug. 29.

Higgins, who told police he had been drinking that day, is accused of driving aggressively and using the inside shoulder of the road to speed around two other vehicles, striking the brothers in the process. He allegedly continued until his vehicle stopped functioning one-tenth of a mile down the road.

“Is everybody okay back there? I mean, what happened,” he asked an officer as he was arrested, as seen in body camera footage released in December.

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New Jersey-based Kugel Law Firm, which specializes in DUI defence, notes the state places no specific constraints on BAC for cyclists and they are exempt under the legal wording of the law that governs driving while intoxicated. But riding intoxicated can result in penalties and legal consequences, depending on the circumstances.

In 2023, the New Jersey Law Revision Commission concluded that “whether an intoxicated cyclist will face charges under New Jersey’s DWI statute hinges upon which precedent a court elects to follow.”

“Divergent trial court rulings create a scenario where the statute is open to contrasting interpretations,” it wrote in a final report.

NJ.com reports that Higgins appeared in court Tuesday, as were some members of his family, whom he acknowledged as he left court. Bereaved parents Guy and Jane Gaudreau, along with other family members, were also in attendance. Neither side spoke to the media directly.

The National Post has contacted a representative for the Gaudreau family for additional comments and information.

Higgins’ lawyers also issued two motions Tuesday, both of which address his arraignment in early January, during which the 44-year-old father of two turned down a 35-year plea deal and pleaded not guilty to two counts each of aggravated manslaughter and vehicular homicide, along with other charges.

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Counsel indicated they will seek to have Higgins’s December indictment dismissed entirely, arguing the prosecution failed to provide the grand jury with “exculpatory evidence” and a lack of evidence to support proceeding to trial.

Lawyers Richard F. Klineburger and Matthew V. Portella also notified they’ll ask for details on similar Salem County plea deals in recent years, feeling Higgins’ offer of 35 years was “greatly out of range.”

“It seems that the State is improperly enhancing same due to the publicity surrounding the matter at bar,” they wrote in a motion for discovery.

The prosecution’s initial plea deal would have required the Iraq veteran to serve 15 years on each manslaughter charge — 85 per cent of which would have to be served before parole eligibility — and five for leaving the scene of a deadly crash, his other charge along with evidence tampering.

“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,” Richard F. Klineburger III and Matthew V. Portella, Higgins’ attorneys, said
in a statement to the National Post.

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