Driver who struck Johnny Gaudreau and his brother dares to blame them in the hit-and-run!

In a shocking turn of events, the man accused of killing Columbus Blue Jackets superstar Johnny Gaudreau and his younger brother Matthew in August is fighting to have his indictment tossed. Sean Higgins is alleging 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 in new court documents filed Tuesday, via the New York Post. 

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 allegedly struck them down with his Jeep Grand Cherokee. The brothers were cycling on Country Route 551 in Oldmans Township, NJ 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% — just over the legal limit, court papers state.

Higgins was arrested on site and has been housed at the Salem County Correctional Facility since his arrest in August. He has been deemed a flight risk and was ordered to remain in jail until the trial. Higgins is next scheduled to appear in court on Feb. 4.

Now, according to the filing cited by the outlet show that Johnny’s blood alcohol concentration level was 0.129% when he was killed, while his brother had a reading of 0.134%. The court papers also don’t allege the brothers were breaking the law at the time.

“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.

If convicted at trial, first-degree aggravated manslaughter charges could result in a lengthy prison sentence, with a maximum of 30 years on each count. Vehicular homicide carries a maximum of 10 years per count.

Johnny was 31 years old at the time of his death, while Matthew was 29. Meredith Gaudreau is pregnant with the couple’s third child as the couple shared daughter Noa and son Johnny. Matthew Gaudreau’s wife, Madeline, gave birth to the the couple’s first child, a son named Tripp, who was born in late December.