Driver who struck Johnny Gaudreau and brother cries as judge rules on ‘blame-the-victim’ defense

Earlier on February, the man accused of killing Columbus Blue Jackets superstar Johnny Gaudreau and his younger brother Matthew in August began the quest to have his indictment tossed. Sean Higgins alleged that the bicycling brothers were both drunker than him at the time of the deadly hit-and-run as he detailed the Gaudreau brothers’ blood alcohol levels at the time of their deaths.

In December, Higgins was indicted on two counts of first-degree aggravated manslaughter, two counts of second-degree reckless vehicular homicide, second-degree leaving the scene of a fatal accident, and fourth-degree tampering with physical evidence in the fatal incident.

Matthew and Johnny Gaudreau were both killed after Higgins struck them down with his Jeep Grand Cherokee. The brothers were cycling on Country Route 551 in Oldmans Township, NJ on the eve of their sister’s wedding, when Higgins allegedly made an illegal pass and hit the brothers who were on the right side of the road. Higgins failed a sobriety test from police and admitted to drinking “five or six beers” prior to the crash. His blood alcohol concentration was listed as being 0.087%. Toxicology reports found Johnny had a blood-alcohol level of 0.134, and Matthew’s was 0.129. New Jersey does not have any law against bicycling while intoxicated. Other drivers told police the brothers were riding safely on the edge of the road, not weaving into traffic.

Therefore on Tuesday, New Jersey judge has ruled the case against Higgins will move forward, upholding all of the charges against him, including manslaughter and vehicular homicide.

“There’s no credence in the argument there was contributory negligence on the part of the cyclists,” said Superior Court Judge Michael Silvanio.

“To say that their BAC’s may have contributed to the cause of death is a reach to say the least,” Assistant Prosecutor Michael Mestern argued.

When the ruling was made, Higgins wiped away tears as a judge rejected his claim.

“There’s no credence in the argument there was contributory negligence on the part of the cyclists,” the Judge added.

The ruling came after a few hours in which the Gaudreau family had to listen in pain as defense lawyers debated whether the men’s own drinking contributed to their deaths. Higgins’ lawyers — who pointed out the Gaudreaus were cycling without lights in dark — said they were not trying to blame the brothers, though their attempt to reduce or dismiss the charges made the Gaudreaus’ parents and sisters grimaced in the courtroom.

All pictures are from the New York Post and Meredith Gaudreau's Instagram:  

Higgins, who first rejected a plea offer of 35 years, now faces a maximum 70 years in prison if convicted on all counts.

The real tragedy remains with the Gaudreau family and everyone who loved Johnny and Matthews. Both of their wives have since given birth to sons since the tragic incident, making matters even more tragic.

Johnny was 31 years old at the time of his death, while Matthew was 29.