The driver’s lawyers, who was accused of having killed the NHL hockey player Johnny Gaudreau and his brother Matthew, will argue in court on Tuesday that the brothers contributed to fatal crash by cycling during the impairment.
After the defense, the Gaudreaaus had a blood alcohol level of 0.129 or more, higher than the legal limit of 0.08 in New Jersey and the .087, which the police recorded for Sean Higgins. They hope that the indictment for manslaughter and vehicle murder will be reduced or released.
However, Salem County’s public prosecutors find that there is no law in New Jersey that intoxicated cycling, and that the witnesses said that the brothers had a entry on the edge of the rural road and not on the market. The prosecutors have accused Higgins of being impaired by alcohol and being operated by street rage when he met them.
“There are four witnesses who shaded the witnesses of the accused and illegally said goodbye to the bronco when he met the brothers. The witnesses also saw the brothers with a single file, with the traffic flow, about the foginy, shortly before he was hit by the defendant,” wrote the deputy prosecutor, Michael Michael, this month when he excluded the judge, for the neglect of defense to be ruled out “,” leading neglect “,” theory “theory”, “theory”, “theory” theory “,” theory “,” theory “theory”, “theory” theory “theory” theory “, wrote” theory “theory”
He said that there would be “no credible argument” that would make the levels of poisoning of cyclists relevant.
The Gaudreaus were cycling on August 29 on the eve of their sister’s wedding near their hometown in south of New Jersey. Since then, her two women have given birth to the sons. Johnny Gaudreaus Witwe, Meredith, gave birth to her third child on April 1st. The sister’s wedding was postponed to this summer.
Johnny Gaudreau, known as “Johnny Hockey”, played 10 full seasons in the NHL and had to start his third with the Columbus Blue Jacken. He played his first eight seasons with the Calgary Flames.
The 44 -year -old highgins from the nearby Woodstown, New Jersey, is charged with evidence that manipulate and leave the scene of the accident because of two counts of stricter homicide and ruthless vehicle murder. In addition to his damaged vehicle, it was found about a quarter mile from the scene.
As a fighter veteran and married father of two children who worked for an addiction treatment company, he told the police that he had consumed about half a dozen beers that day, some after the journey after driving with his mother angrily with his mother.
He faces a maximum of 70 years in prison if he is convicted of all points. His lawyers rejected a plea offer of 35 years and argue that the accused received far less time in comparable cases. The defense also wants to check the laboratory methods.
“Mr. Higgins does not require to be treated differently than any other, but asks respectfully that the presentation of the indictment against him is full, complete and transparent,” defender Matthew Portella wrote in an application for dismissal.
The hearing should take place in front of the judge of the Supreme Court Michael Silvanio. It is not clear whether he will rule the bank.
