Motions to dismiss a number of expenses towards the person accused of killing NHL star Johnny Gaudreau and his brother, Matthew, have been denied in a Salem County (NJ) courtroom on Tuesday afternoon.
Legal professionals for the accused, Sean M. Higgins, argued that some, if not all, of the grand jury indictment must be dismissed as a result of the prosecution didn’t current the proof of the case fully. In keeping with a state transient filed final month, proof offered to a grand jury doesn’t have to be enough for a conviction, solely to ascertain {that a} crime has been dedicated.
In January, a grand jury indicted Higgins on two counts of first-degree aggravated manslaughter and two counts of second-degree reckless vehicular murder. He was additionally indicted for tampering with bodily proof (fourth-degree) and leaving the scene of a deadly accident (second-degree).
The brothers died on Aug. 29 after being struck by a Jeep pushed by Higgins whereas they have been bicycling house the night time earlier than their sister’s wedding ceremony. Johnny was 31 and Matthew was 29.
At Tuesday’s listening to, Higgins’ attorneys, Richard F. Klineburger and Matthew Portella, argued that there was inadequate proof for the aggravated manslaughter expenses — that means Higgins’ actions manifested an excessive indifference to human life — and the cost for leaving the scene.
Assistant prosecutor Michael Mestern mentioned proof was supplied to the grand jury over two and a half hours, with two witnesses testifying and 13 displays, which included images of Higgins’ Jeep, Johnny and Matthew’s bicycles and diagrams from New Jersey State Police of the crash scene. Mestern mentioned dismissal of the fees can be unwarranted.
Superior Court docket Choose Michael J. Silvanio agreed that it was a “very thorough” indictment and that the grand jury had heard the related proof it wanted to make “a sound determination.”
In a March courtroom submitting, the protection additionally argued that the indictment must be dismissed for the “State’s failure to advise the grand jury of potential contributory negligence” that might have led to the brothers’ deaths. That particular movement was not argued in courtroom on Tuesday, however Silvanio mentioned there was no foundation for that argument and upheld each rely of the indictment.
A February courtroom submitting made by the protection revealed that the brothers have been intoxicated the night time of the crash. In briefs filed final month by the prosecution, Mestern argued that the protection offered “a false premise” that the brothers have been breaking the regulation on the night time they died, as there isn’t any regulation towards bicycling whereas intoxicated in New Jersey.
On Tuesday, Mestern mentioned citing the brothers’ blood alcohol stage was “a crimson herring,” including it “was not one thing that contributed to their deaths.”
Portella mentioned through the listening to that he and his co-counsel have been fulfilling their obligations to signify Higgins and never making an attempt to disparage the brothers.
“We’re not blaming the 2 bicyclists for the incident,” he mentioned. “That may be ridiculous. That may be mistaken.”
An April 3 movement, made public final week, supplied probably the most complete particulars of the Aug. 29 crash thus far.
In keeping with the submitting, witnesses mentioned Johnny and Matthew have been using in a single-file line on the fog line (the stable white line painted alongside the appropriate fringe of the street). On the similar time, Higgins — who admitted to ingesting 5 or 6 beers, plus two extra two whereas within the automobile driving — approached two vehicles he described as “driving slowly,” and determined to go them, as he was “impatient.”
As Higgins handed the primary automobile (a Ford Focus) on the left, the lead automobile (a Ford Bronco) had moved into the southbound lane he was in. In keeping with the submitting, Higgins mentioned he thought the driving force of the Bronco was making an attempt to stop him from passing. The driving force of the Bronco instructed police they moved partially into the southbound lane of journey to provide Johnny and Matthew room as they handed.
Higgins, based on a number of courtroom paperwork, moved again to the appropriate lane in an try and go the Bronco and struck the brothers. Witnesses instructed police, based on the April courtroom submitting, that Higgins’ Jeep had been midway on the grass shoulder space when he struck the brothers, who have been thrown from their bicycles.
In keeping with the submitting, after the primary 911 name was made, a New Jersey State Police sergeant discovered Higgins round 1 / 4 mile away from the crash web site.
The submitting states their bicycles have been closely broken on the facet of the street. There was additionally extreme harm on the passenger facet of Higgins’ Jeep, to the entrance bumper cowl, fender, windshield and headlight. The post-mortem report, based on the April submitting, mentioned the brothers died from “blunt drive accidents because of being struck by a automobile whereas using their bicycles.”
Higgins’ blood alcohol stage, based on courtroom paperwork, was 0.087 %, which is above the authorized restrict.
(Photograph: Bruce Bennett / Getty Pictures)
