Judge rejects drunk driver’s audacious claim that Johnny Gaudreau and his brother were to blame for their own deaths despite having higher blood alcohol levels than he did.
At a Glance
- Sean Higgins faces up to 70 years for killing NHL star Johnny Gaudreau and brother Matthew in alleged drunk driving incident
- Judge dismissed defense claims that the Gaudreau brothers’ intoxication (.129+) contributed to the crash despite Higgins’ lower BAC (.087)
- Witnesses reported the brothers were cycling responsibly while Higgins was speeding and illegally passing vehicles
- Higgins rejected a 35-year plea deal; trial set for June 10
Judge Silvanio Shuts Down “Blame The Victims” Defense Strategy
In a case that perfectly illustrates how our legal system sometimes defies common sense, Sean Higgins’ defense team had the audacity to argue that Johnny and Matthew Gaudreau were partially responsible for their own deaths because they were more intoxicated than the man who allegedly ran them down. Superior Court Judge Michael Silvanio thankfully shot down this outrageous defense strategy Monday, refusing to dismiss charges against Higgins in connection with the tragic deaths of the NHL star and his brother as they were cycling in Gloucester County, New Jersey last August.
Let’s be crystal clear about the facts: Higgins, 44, had a blood alcohol level of .087 when he allegedly plowed into the Gaudreau brothers, who were riding bikes in single file on the eve of their sister’s wedding. Yes, toxicology reports showed the brothers had blood alcohol levels of .129 or above – but as any reasonable person understands, the danger of cycling after a few drinks pales in comparison to operating a 4,000-pound vehicle with impaired judgment. The attempt to shift blame to the deceased victims is as predictable as it is reprehensible.
Witnesses Confirmed Brothers Were Riding Responsibly
Despite the defense’s desperate attempts to use the brothers’ blood alcohol levels as a shield, multiple eyewitnesses confirmed the Gaudreaus were cycling responsibly when tragedy struck. This wasn’t a case of erratic cyclists swerving into traffic – it was allegedly a case of an impaired driver making illegal maneuvers at excessive speeds. Assistant Prosecutor Michael Mestern presented compelling evidence that completely undermined the defense’s strategy, including testimony from four witnesses who observed the incident.
“There are four witnesses that witnessed the defendant speeding and illegally passing the Bronco on the right when he struck the brothers,” – Assistant Prosecutor Michael Mestern.
In a moment of refreshing clarity from our judicial system, Judge Silvanio wasn’t buying what Higgins’ defense was selling. He firmly rejected the notion that the brothers contributed to their own deaths simply because they had been drinking, correctly ruling that the grand jury had sufficient evidence to indict Higgins. The judge’s decisive stance on this matter reinforces the fundamental principle that operators of motor vehicles bear primary responsibility for roadway safety, especially when making illegal maneuvers.
Defense Lawyer’s Contradictory Claims
Perhaps the most bizarre aspect of this legal proceeding was defense attorney Matthew Portella’s convoluted argument. On one hand, he insisted they weren’t blaming the victims, while simultaneously arguing that the grand jury should have been told about the Gaudreau brothers’ intoxication levels. This kind of legal doublespeak insults both the victims’ memories and the public’s intelligence. Either the brothers’ intoxication was relevant to their deaths or it wasn’t – you can’t have it both ways.
“[We] are not blaming the two bicyclists for the incident. That would be ridiculous. That would be wrong,” – lawyer Matthew Portella.
The magnitude of this tragedy extends far beyond the courtroom. Johnny Gaudreau was a beloved NHL star with the Columbus Blue Jackets, while his brother Matthew was a former hockey player himself. Both men left behind pregnant wives who have since given birth to sons. Higgins, meanwhile, rejected a plea deal offering 35 years behind bars and now faces up to 70 years if convicted on all counts at his June 10 trial. Perhaps Mr. Higgins should have considered the overwhelming evidence before rolling the dice with a jury who will likely be just as unmoved by his blame-shifting as Judge Silvanio was.
“There’s no credence in the argument there was contributory negligence on the part of the cyclists,” – Superior Court Judge Michael Silvanio.
