The driver charged in the deaths of NHL star Johnny Gaudreau and his brother over the summer has raised a surprise argument in his defense—he says the Gaudreau brothers were more impaired than he was, reports NBC News. Lawyers for Sean Higgins, 44, say police tests show Higgins had a blood alcohol level of 0.087%, which exceeds the New Jersey state limit of 0.08%. But they say Johnny Gaudreau's level was at .129%, and Matthew Gaudreau's level was .134%. Both brothers were riding bicycles in the right shoulder of a rural road in Salem County when fatally struck. Police say Higgins hit them at a high rate of speed while attempting to pass a car on the right.
The new court filings don't allege that the brothers' drinking contributed to their deaths, reports NJ.com, which notes that New Jersey doesn't set legal-consumption levels for bicyclists. But the filing—the first indication that the brothers were drinking—seeks more information on how the BAC levels were collected. Higgins' lawyers also argue that their client is being overzealously prosecuted because of the notoriety of the case, reports the Courier Post. Higgins has rejected a plea deal that called for 35 years in prison. His lawyers say comparable cases have resulted in sentences of about seven years.
"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," said attorneys Richard F. Klineburger III and Matthew V. Portella in a statement, per NJ.com. Johnny Gaudreau played for the Columbus Blue Jackets in the NHL, while Matthew Gaudreau played in the minors. (More DUI stories.)
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