A tearful Sean Higgins, 44, stood in court on Tuesday as a judge rejected his claim that NHL star Johnny Gaudreau and his brother were to blame for the Aug. 29 crash that killed them.
The Gaudreau family watched as Superior Court Judge Michael Silvanio dismissed what prosecutors called a “blame-the-victim” defence.
Higgins is charged with manslaughter and vehicular homicide in the fatal collision that killed the Columbus Blue Jackets forward and his brother, Matthew, last summer.
The siblings were riding bicycles on the eve of their sister’s wedding when Higgins allegedly struck them after illegally passing another vehicle.
During the hearing, defence lawyers argued that the Gaudreau brothers were more intoxicated than Higgins at the time.
Blood alcohol tests revealed the brothers had readings of 0.129 or above, while Higgins recorded 0.087, which is just above New Jersey’s 0.08 legal limit.
However, prosecutors pointed to witness statements indicating the brothers were riding “safely on the edge of the road,” while Higgins was allegedly speeding and carelessly overtaking a Bronco on the right.
Assistant Prosecutor Michael Mestern maintained that any suggestion the brothers own drinking contributed to their deaths was “a reach,” especially given multiple witnesses observed them cycling single file.
In his ruling, Judge Silvanio agreed there was no evidence of contributory negligence on the part of the victims.
Higgins lawyer Matthew Portella insisted he was not trying to deflect blame, saying that, “[We] are not blaming the two bicyclists for the incident. That would be ridiculous. That would be wrong.”
Still, he contended that the grand jury did not receive all the relevant facts before laying charges, including allegations that the brothers were not using proper lights.
The tragedy generated national headlines when news broke that the Gaudreau brothers died the night before their sister’s wedding.
Adding to the family’s heartbreak, both wives have since given birth to sons.
Johnny’s widow welcomed their third child on April 1, while Matthew’s widow gave birth late last year.
Higgins, who turned down a plea deal offering 35 years in prison, now faces a trial that could see him handed a far harsher sentence if convicted.