Driver Who Fatally Hit Johnny and Matthew Gaudreau Claims Brothers Were Also Drunk at Time of Crash

Attorneys for Sean M. Higgins, the driver who hit and killed Johnny and Matthew Gaudreau last August, alleged in a new court filing that the brothers were also drunk at the time of the fatal collision.

Higgins, 44, was allegedly under the influence of alcohol when he struck and killed NHL star Johnny, 31, and his brother Matthew, 29, as they rode bikes along a rural road in Salem County, N.J. on Aug. 29, 2024. (The crash occurred the day before the brothers were scheduled to appear as groomsmen at their sister's wedding.)

In a new court filing, attorneys for Higgins — who was previously charged with their deaths and pleaded not guilty — claim that the late brothers were also intoxicated at the time of the collision, NJ.com reported on Tuesday, Feb. 4.

Per the outlet, the driver’s attorneys allege in the court documents that Johnny and Matthew had blood alcohol concentrations of 0.129 and 0.134, respectively, at the time of their deaths, citing testing done as part of the crash investigation.

Related: Matthew Gaudreau's Mom Celebrates Birth of His Son After His Tragic Death: 'Hearts Are Overflowing with Love'

If confirmed to be accurate, these readings not only confirm that the brothers were drunk at the time of the crash, but also that their readings were higher than Higgins’ alleged blood alcohol concentration of 0.087, which is over the 0.08 state legal limit.

Per NJ.com, the attorneys did not assert that "brothers’ blood alcohol levels had any role in the crash."

Higgins’ attorneys, Richard F. Klineburger III and Matthew V. Portella, did not immediately respond to PEOPLE’s request for comment about the filing.

Related: Johnny and Matthew Gaudreau’s Sister Calls 2024 the ‘Worst’ Year of Her Life After Their Tragic Deaths

In a statement obtained by NJ.com, they 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.

According to additional documents filed in court on Feb. 4, the defense also plans to file a motion seeking to dismiss Higgins’ indictment, per NJ.com. They plan to argue that the grand jury who indicted him was not presented with evidence that could have supported his innocence.

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News of the defense's claim about the brothers' sobriety comes nearly a month after Higgins pleaded not guilty to charges related to the deaths, NJ.com, NBC 10 and CBS News previously reported.

On Jan. 7, state prosecutors offered Higgins a plea deal, which included him serving two consecutive 15-year prison sentences if he pleaded guilty to the manslaughter charges, per NJ.com. The offer also included him pleading guilty to the charge for leaving the scene of a fatal accident, which would have added five additional years onto his sentence, bringing the total number of years served to 35.

In new court filings — separate from the documents alleging that the Gaudreau brothers were drinking before they were struck — the defense also requested records of similar (involving reckless vehicular homicide and aggravated manslaughter cases) past Salem County plea offers, per NJ.com.

The defense argued that the 35-year plea deal offered to Higgins is far higher than what is offered in other cases because of the Gaudreau family’s notoriety.

Related: Madeline Gaudreau Shares the Sweet Way She's Keeping Newborn Son Tripp Matthew Close to Late Husband Matthew: 'Our Boy'

Elsewhere during the court session on Jan. 7, Higgins' defense attorneys claimed that the accident that resulted in the Gaudreau brothers’ deaths occurred because of "a combination of uniquely unfortunate circumstances unlikely to ever occur again," the Associated Press reported at the time.

Meanwhile, state prosecutors at the hearing depicted Higgins as having a history of road rage and of drinking up to six beers before the crash, per the AP.

Read the original article on People