Driver accused of killing Johnny Gaudreau asks the judge to throw the case

Sean Higgins lawyers seek to dismiss the charges against him for the death of Johnny and Matthew Gaudreau, claiming prosecution errors and unfair treatment.
The defense argues that the Prosecutor’s Office retained information from the Grand Jury, including the possible negligence of the Gaudreau brothers, and that their celebrity status influenced the case.
Higgins rejected a 35 -year -old guilt agreement, with its lawyers claiming that it was excessive compared to similar cases and promoted by Gaudreaus’ fame.
The Gaudreau widows reached a $ 500,000 agreement with the Higgins insurance company in a separate civil demand.

The case should against the Driver accused of fatally hitting Columbus Blue Jackets Johnny Gaudreau striker And his brother Matthew while supposedly leads under influence?

That is what Sean Higgins lawyers argue that they should happen at summaries presented in a New Jersey court.

Higgins, 44, is currently facing six positions, including aggravated homicide in the August 29 accident that resulted in deaths by Johnny, 31, and Matthew, 29.

The brothers died after being beaten while they walk by bicycle on a rural road in the municipality of Oldmans, New Jersey. The accident occurred around 8 PM, and Higgins told New Jersey State Police that he had not seen the brothers, according to judicial records.

The witnesses told the investigators that Higgins had been accelerating and driving aggressively to the accident, according to the judicial prosecutors and records of the Salem County. Higgins passed a car on the left, and when another vehicle moved to the left to leave space for the brothers, Higgins accelerated to the right, hitting the brothers, according to judicial records.

An accident report published by the New Jersey State Police indicates that the brothers were probably riding a single file, with Johnny riding ahead of Matthew. The brothers were In the city to attend his sister’s weddingwhich was scheduled to occur the next day. The brothers were supposed to serve as wedding sponsors at the wedding.

Higgins stopped at a short distance from the accident, where the soldiers made it perform field sobriety tests before stopping it.

Salem County prosecutors will have several weeks to present their responses to the defense team motions. A hearing will be held in April.

What is the Sean Higgins defense team?

Higgins lawyers said in a 95 -page report available online on Monday that the accusation filed against him must be dismissed because prosecutors did not give a large jury considering the case all the relevant information.

The great jurors determine whether there is a probable cause for a case to advance. Great jury procedures are typically secret, but lawyers can acquire transcripts in certain situations.

Higgins lawyers asked the judge to throw the two positions of aggravated homicide and a charge of leaving the scene of an accident because the evidence presented to the Grand Jury did not meet the legal standards.

To demonstrate aggravated homicide, prosecutors would have to demonstrate that Higgins caused the death of the Gaudreau brothers, did it recklessly and, although under circumstances “manifesting an extreme indifference towards human life.” The last factor is what Higgins lawyers argued that prosecutors did not present the Grand Jury.

Higgins lawyers also argue that prosecutors did not provide the members of the Grand Jury for information about the possible “contributory negligence” of the Gaudreau brothers.

In The presentation of the February Court later withdrew the same dayHiggins lawyers said Matthew’s blood alcohol levels and Johnny Gaudreau were higher than those of Higgins at the time of the accident. New Jersey does not have a legal limit to operate a manual bicycle. Higgins lawyers cited previous judicial cases who found that cyclists were obliged not to be on the road when they get intoxicated.

Prosecutors have said in the judicial hearings that the actions of the brothers did not contribute to the accident and the witnesses told the state soldiers of New Jersey that the brothers did not travel on the road.

The judicial records say that Matthew Gaudreau’s blood alcohol was 0.134, and Johnny Gaudreau measured 0.129. Higgins’s blood alcohol level was 0.087according to judicial records. Video of the body of the body released by the New Jersey State Police He shows telling the soldiers that he drank multiple beers before and while driving.

“This is not an argument that simply because cyclists were intoxicated that someone exempt Mr. Higgins … and the accusation must be discarded with prejudice,” Higgins’ lawyers wrote. “Rather, in an effort to ensure that a matter of this magnitude where the State is making an supply offer in which the state sentence of the prison of other defendants in a similar way requests five times, there is a greater need for transparency throughout the procedures from beginning to end.”

The arguments made by Higgins lawyers are divided by large sections of writing in judicial documents, including an attached 70 -page file that is completely written.

Does the ‘celebrity’ nature of the Gaudreau case influence prosecutors?

A second brief reiterates an argument that Higgins lawyers made before, that the “celebrity status” of the Gaudreau brothers has caused prosecutors to unfairly treat Higgins.

In January, Higgins rejected an offer of plea That would have resulted in a 35 -year prison sentence.

“This offer is largely outside the range of other supplication offers made in Salem County in recent years and it seems that the State is improving incorrectly due to the advertising surrounding the matter in the bar,” Higgins’ lawyers wrote.

The lawyers cite several cases with similar circumstances, where a driver caused the death of a pedestrian or cyclist, where drivers were offered significantly less prison time.

“It seems that the State is treating Mr. Higgins differently from other defendants accused and located similarly due to the ‘high profile’ nature of the case in the bar and the celebrity status of the victims in this document. .087,” the lawyers wrote.

“If Mr. Higgins were a professional athlete or a famous actor, it is assumed that the State would not give him any preferential treatment. Through the contrary, his ability to effectively treatment should not be limited or hindered by the fact that the state of the victims generates such advertising to influence the position of the State.”

Agreement reached by Gaudreau Viudas with Higgins with Civil Demand

Both Meredith and Madeline Gaudreau, the wives of Johnny and Matthew Gaudreau, respectively, filed civil lawsuits against Sean Higgins in January, according to the records of the Superior Court of New Jersey.

On February 28, judicial records show that both women reached an agreement with the Higgins insurance company to divide a $ 500,000 agreement. The plan allows periodic payments to help support the children that the brothers left behind.

In December, Madeline Gaudreau gave birth to Matthew’s son, Tripp Matthew. Meredith Gaudreau is currently pregnant with her third son with Johnny. The couple shares two other children, NOA of 2 years and Johnny Jr., who fulfilled one in February.

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