Judge rejects the defense that the Gaudreau Brothers’ drink contributed to their death

Sean Higgins, the man who was charged with the NHL star’s death Johnny Gaudreau and his brother Matthew, will be litigation this summer on the original charges in his indictment after a judge in New Jersey denied his defense lawyer’s claim that the brothers’ own drink contributed to their deaths.

Judge of Superior Court Michael Silvanio made his decision in court on Tuesday after almost two hours of arguments, and eventually all charges against Higgins.

Sean M. Higgins, the driver accused of killing NHL Hockey -player Johnny Gaudreau and his brother Matthew while cycling, sitting in Salem County, NJ, courthouse April 15, 2025 in Salem, NJ (AP Photo/Matt Rourke)

“There is no faith in the argument that there was contributing negligence on the part of cyclists,” Silvanio said.

Assistant prosecutor Michael Mastern added during the hearing that the Armed Forces’ argument was “a reach to put it mildly.”

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According to the Court’s records, Johnny and Matthew Gaudreau both had a blood alcohol level of .129 or above as they drove on their bikes along the side of a road 29 August on the threshold of their sister’s wedding.

They were killed when Higgins allegedly hit them with his vehicle while trying to pass a vehicle on the right side. But testimony to the testimony supported that the brothers were not driving on the bikes carelessly.

“There are four witnesses witnessing the defendant who passed the bronco on the right faster and illegally when he hit the brothers. The witnesses also saw the brothers run on a single file with the flow of traffic on the fog line just before he was hit by the defendant,” Mastern wrote in a memo this month.

Guy Gaudreau, father of NHL player Johnny Gaudreau and Matthew Gaudreau, joins the county’s courthouse in Salem, NJ, Tuesday, April 15, 2025. (AP Photo/Matt Rourke)

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Higgins’ blood alcohol level was 0.087, which is above the .080 legal border in New Jersey.

He was indicted for two censuses of worsening murder, two counts of vehicle murder, evidence and leaving the stage with an accident. He also admitted police that he had been drinking that day, including while driving.

Higgins’ lawyers said the movement was not to blame the brothers and argued that the great jury did not hear all facts until the approved prosecutor.

Sean M. Higgins, the driver, who is accused of killing NHL Hockey -player Johnny Gaudreau and his brother Matthew while cycling, appearing in Salem County, NJ, Retbuilding, Tuesday, April 15, 2025 in Salem, NJ (AP Photo/Matt Rourke)

Higgins did not plead guilty in January and could have up to 70 years in prison if found guilty of all charges. He is going back to court June 10th.

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