Attorneys for the New Jersey man charged with killing Columbus Blue Jackets star Johnny Gaudreau and his brother Matthew are planning to ask a decide to dismiss expenses towards him on grounds. Court docket paperwork allege that the brothers had been consuming earlier than their deadly accident final August, in response to a report by NJ.com. Sean M. Higgins, 44, who faces two counts of first-degree aggravated manslaughter amongst different expenses after putting and killing the Gaudreau brothers whereas they have been biking on the shoulder of a Salem County roadway in New Jersey, rejected a plea deal final month that may have seen him sentenced to 35 years in jail in trade for a responsible plea.
In a brand new court docket submitting, Higgins’ attorneys say that testing performed following the crash confirmed that Johnny had a blood alcohol focus of 0.129% and Matthew had a BAC of 0.134%, in comparison with their shopper who had a 0.087%. The submitting asks for extra details about how the BAC of every particular person was collected, however doesn’t allege that the Gaudreau brothers’ consuming performed any function within the crash.
The attorneys in query are asking for extra details about the testing protocols used and another data associated to conducting on the samples, in addition to data on different Salem County plea gives involving reckless vehicular murder and aggravated manslaughter expenses. The attorneys argue that these are necessary to their shopper’s protection, and in addition that the 35-year plea deal made to Higgins is increased than that of different circumstances as a result of notoriety of the case and the Gaudreau household.
“We consider these filings are important to making sure that our shopper’s Constitutional rights are protected and that he’s not being handled unfairly primarily based upon the quantity of publicity being garnered,” Richard F. Klineburger III and Matthew V. Portella, Higgins’ attorneys, stated in a assertion.
The protection now plans to file a movement searching for dismissal of Higgins’ December indictment, arguing that the grand jury was not offered with proof that might have supported the defendant’s innocence. The protection has additionally signaled that it desires to file motions to exclude a number of items of proof from the trial, together with their shopper’s blood alcohol content material, the state’s motorized vehicle crash report, and statements that Higgins had made to police.
In accordance with prosecutors, Higgins had been driving erratically and aggressively touring north on Route 551/Pennsville-Auburn Street in Oldmans Township when he tried to illegally cross an SUV on the shoulder of the street, hitting and killing the Gaudreaus as they rode their bikes. Higgins, who admitted to authorities that he had been consuming closely previous to the crash, that his consuming had contributed to his erratic driving, and that he had tried to cover his beer cans, was arrested on the scene after failing a discipline sobriety take a look at.
Higgins, a serious within the New Jersey Military Nationwide Guard who works for a substance abuse remedy community, was indicted in December on two counts of first-degree aggravated manslaughter, two counts of second-degree vehicular murder, second-degree leaving the scene of a deadly accident and fourth-degree tampering with bodily proof. He was additionally issued citations charging him with driving whereas intoxicated, consuming alcohol in a motorized vehicle, having an open alcohol container in a car, improper passing, reckless driving and making an unsafe lane change.
