Johnny Gaudreau,Matthew Gaudreau Obituary, Death;- Johnny Gaudreau, a player for the Blue Jackets, and his brother were found to be legally intoxicated when they were tragically struck and killed by a driver while riding their bicycles last year, according to a defense motion submitted on Tuesday.
The documents presented by the attorney representing Sean Higgins, who is charged with the deaths of 31-year-old Johnny Gaudreau and 29-year-old Matthew Gaudreau, indicate that Johnny had a blood alcohol concentration of .129, while Matthew’s was .134, both exceeding the legal limit of .08.
New Jersey State Police have identified Higgins as the driver involved in the incident. Body camera footage from Higgins’ arrest captures him undergoing field sobriety tests and acknowledging that he had consumed beer prior to and during his drive. Prosecutors reported that Higgins’ blood alcohol level was measured at .087, which is also above the legal threshold.
The brothers lost their lives on August 29 after being struck from behind by a Jeep operated by Higgins, as per police reports. They were in their hometown to attend their sister’s wedding and were cycling around 8 p.m. in Oldmans Township, New Jersey, when a Jeep maneuvered around another vehicle and collided with them.
The court documents do not suggest that the brothers’ blood alcohol levels contributed to the accident; however, they seek further clarification on how investigators obtained that information. According to Kugel Law Firm, which specializes in DUI cases, New Jersey law does not impose a specific legal limit for alcohol consumption when operating a manual bicycle.
Higgins appeared in a New Jersey court on Tuesday for a pre-trial conference in Salem County. He is facing six criminal charges, including reckless vehicular homicide and aggravated manslaughter related to the brothers’ deaths, and he remains in custody. The focus of Tuesday’s hearing was on the legal arguments that Higgins’ defense team intends to present in an effort to have some or all of the charges dismissed. Attorneys Richard Klineburger and Matthew Portello, representing Higgins, submitted a request on Tuesday to file a motion aimed at dismissing the indictment against him.
