The drunk driver accused of killing NHL star Johnny Gaudreau and his brother Matthew in New Jersey wiped out tears on Tuesday as a judge claimed that the brothers’ own drinking might have contributed to their deaths.
Shawn Higgins, 44, was riding a motorcycle in the town of Old Mans on the eve of his sister’s wedding last summer and fighting to drop accusations against him after being accused of fatally wounding Hockeyter and his brother in a Columbus Blue Jacket.
The grieving Gordlows won as Higgins’ attorneys spent hours claiming that manslaughter charges and vehicle murder should be reduced or rejected.
“There is no credibility in the argument that there was a contribution to the cyclist,” Superior Court’s Michael Silvanio finally ruled.
Higgins, who claimed COPS led half a dozen beers, recorded a blood alcohol reading of .087 after the crash on August 29th, his defense attorney alleged.
Meanwhile, the brothers have a blood alcohol concentration of .129 or higher, higher than the Garden State legal limit of .08.
“To say that their BAC may have contributed to the cause of their deaths is to get there, to say the least,” prosecutor Michael Mestelon said at the hearing.
Prosecutors also told officers several other drivers had told officers that their brother was on the edge of the road safely before the crash.
“When the defendant attacked his brother, there are four witnesses who witnessed the defendant illegally passing on the right and on the right,” Mesteln allegedly. “The witnesses also saw the brothers on a single file in the flow of traffic on the fog line just before they were struck by the defendant.”
Higgins’ lawyer pointed out that Gaudrey was cycling unlighted in the darkness – arguing that they weren’t trying to hold them accountable or contribute to the pain of their families.
“[We] They are not blaming the two bicycles for the incident. That would be ridiculous. That would be wrong,” said lawyer Matthew Portella, who said Gordley’s parents and sisters frowned in court.
Instead, Portella allegedly failed to give the big jury all the facts before approving the charges that he claimed to be intentionally reckless prior to crash.
The double tragedy involving the brothers made national headlines last year after it was revealed that the duo was killed on the eve of their sister’s wedding.
Making things even more tragic, both their wives gave birth to a son.
Johnny’s widow Meredith gave birth to her third child on April 1, and Matthew’s widow Madeline gave birth to a baby late last year.
Meanwhile, their sister’s wedding has been postponed until this summer.
Higgins, on his part, rejected the offer of a 35 year plea.
He currently faces up to 70 years in prison if convicted in all numbers.
With post wire
