The driver accused of killing NHL star Johnny Gaudreau and his brother Matthew is claiming the brothers were drunker than him as he attempts to get his charges dismissed.
Sean Higgins, who is accused of hitting and killing the brothers while driving under the influence last August, is seeking to have his charges dropped, NJ.com reported.
In court documents filed Tuesday, Higgins, 44, detailed the Gaudreau brothers’ blood alcohol levels at the time they were struck while cycling near their family home in New Jersey.
Higgins allegedly had chugged half a dozen beers before he slammed into the NHL all-star and his brother in Oldmans Township.
The driver’s blood alcohol concentration was listed as being 0.087%, which is just over the legal limit, court papers state.
Tests also showed Johnny’s blood alcohol concentration level was 0.129% when he was killed, while Matthew’s level was 0.134%, according to the filing.
NJ.com reports that Higgins’ attorney did not argue in the new filing that the Gaudreau brothers’ blood alcohol levels played any role in the crash and also don’t allege that the brothers were breaking the law at the time.
Instead, the filing asks for additional information on how the readings were collected as the defence team plans to ask a judge to dismiss the indictment, the outlet reported.
“We believe these filings are essential to ensuring that our client’s Constitutional rights are protected and that he is not being treated unfairly based upon the amount of publicity being garnered,” the attorneys, Richard Klineburger III and Matthew Portella, said in a statement.
Last month. Higgins rejected a plea deal in the case and ended up pleading not guilty to a slew of charges, including manslaughter and vehicular homicide. He faces more than 60 years behind bars if convicted.
A Gaudreau family attorney didn’t comment on the latest court filing.
The Gaudreaus were in their hometown of Salem, N.J., for their sister’s wedding when they were killed on the evening of Aug. 29.
Johnny, who played 11 seasons in the NHL with the Calgary Flames and Columbus Blue Jackets, and Matthew, a minor-league hockey player, died at the scene.