The blood alcohol ranges of slain hockey star Johnny Gaudreau and his brother Matthew after they had been fatally mowed down whereas driving their bikes ought to be barred from the trial of the alleged drunk driver who hit them, New Jersey prosecutors argued in a newly revealed submitting.
The toxicology reviews of the Gaudreau siblings are “irrelevant” within the case in opposition to Sean Higgins, who’s going through aggravated manslaughter and associated costs within the Aug. 29 crash, the Salem County Prosecutor’s Workplace stated in a courtroom submitting submitted April 3 and made public Wednesday.
Checks confirmed each brothers had been legally drunk on the time of their deaths, with Johnny’s blood alcohol content material at 0.129% whereas Matthew was 0.134%, in response to earlier authorized filings by Higgins’ protection legal professionals.
However assistant prosecutor Michael Mestern insisted that how a lot the brothers needed to drink didn’t matter as a result of they had been following the principles of the highway after they had been plowed into by Higgins’ Jeep.
“There isn’t any proof right here that may counsel that Matthew and John’s actions contributed to the collision,” states the authorized submitting obtained by The Put up. “They had been driving single file on the fog line, out of the lane of journey.”
In the meantime, Mestern stated “a number of” witnesses informed police that Higgins’ “actions and his actions alone” led to the deadly crash.
Prosecutors additionally argued no quantity of sunshine on the bikes of the victims would have prevented the crash as a result of Higgins’ driving was “so egregious.”
Higgins, 44, was additionally legally drunk with a blood alcohol stage of 0.087 – simply over the authorized restrict, authorities beforehand stated.
The alleged drunk driver hit the Gaudreaus as they had been biking alongside a rural highway a day earlier than their sister’s wedding ceremony within the Backyard State.
Higgins, who was “freaked out” when police discovered him about 1,500 toes from the crash website pacing backwards and forwards, later admitted he was attempting to cross the automotive in entrance of him on the suitable after initially denying that, the brand new courtroom submitting states.
He allegedly stated he by no means noticed the pair earlier than working into them.
Higgins stated he drank 5 – 6 beers, together with two within the automotive, earlier than going to Taco Bell round 6 p.m. after which heading residence, prosecutors alleged within the submitting.
Witnesses claimed he was midway off the highway and on some grass earlier than hitting Johnny, 31, who performed for the Columbus Blue Jackets, and Matthew, who was 29.
Higgins’ authorized workforce argued Wednesday the movement to maintain the brothers’ BAC out of courtroom is “untimely” as a result of additional proof must be exchanged and rulings nonetheless should be thought-about.
“Moreover, with out disclosing any potential Trial technique, the blood alcohol content material of Matthew and John Gaudreau could also be related as to any skilled testimony accident reconstruction in addition to presumably any reviews from the medical expert employed by the Defendants,” legal professionals Richard Klineburger and Matthew Portella wrote.
Higgins might spend many years in jail if discovered responsible on the costs.
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