Lawyers for the man charged in the Aug. 29 deaths of Johnny and Matthew Gaudreau filed a motion to dismiss his case Tuesday after revealing both brothers had higher blood alcohol levels than the defendant that day.
According to court documents, Johnny had a blood alcohol level of .129 and Matthew’s was .134.
The defendant, Sean Higgins, was at .087.
In the motion filed to the Salem County Superior Court in New Jersey, the lawyers asked for “additional discovery relating to blood testing.”
A subsequent motion to dismiss the case against Higgins was based, lawyers said, “on failure to present exculpatory evidence to the grand jury as well as failure to present a prima facie case.”
“Prima facie” is a term used in court to indicate there is sufficient or adequate evidence to support a (legal) claim.
In a statement obtained by NJ.com, Higgins' lawyers said that the Gaudreau brothers’ blood alcohol concentrations are “essential” to the driver’s defense.
“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 lawyers continued.
CTV News has reached out to Higgins' lawyers for comment.
Not guilty plea
On Jan. 7, Higgins pleaded not guilty to the charges of killing Johnny and Matthew Gaudreau after turning down a prosecution offer of 35 years in prison.
He is charged with two counts of death by auto, as well as reckless driving, possession of an open container and consuming alcohol in a motor vehicle.
At that time, the lawyers said they hope to prove that the deaths stemmed not from any “malfeasance” but from ‘a combination of uniquely unfortunate circumstances unlikely to ever occur again.”
Higgins was described as a combat veteran who worked for an addiction treatment company who had a history of road rage.
They said he was impaired that day and had been driving around for approximately two hours following an upsetting conversation with his mother.
Defence lawyer Matthew Portella has called Higgins a loving father and a good person who “made a horrible decision that night.”
Higgins admitted to drinking “five or six” beers on Aug.29, before he struck the Gaudreaus as they cycled on a highway in Salem County, New Jersey.
A bicycle is considered a non-motorized vehicle in New Jersey and isn’t covered under the state’s DWI (Driving While Intoxicated) laws.
However, it is still possible to be charged with bicycling under the influence, says one legal website.
“While riding a manually-operated bicycle while intoxicated may not result in a DUI charge, it can still have significant legal consequences,” says the Kugel Law Firm website.
Johnny and Matthew Gaudreau were killed near their childhood home the night before their sister’s wedding, where they were to serve as groomsmen.
In late December, Matthew’s widow, Madeline, gave birth to their first child, Trip Matthew.
With files from The Associated Press
