Fox News: New Jersey judge dismisses defense contention the Gaudreau brothers’ drinking contributed to their deaths

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New Jersey judge dismisses defense contention the Gaudreau brothers' drinking contributed to their deaths

A New Jersey judge upheld charges on Tuesday against Sean Higgins, the man accused in the Aug. 29 deaths of Johnny and Matthew Gaudreau.

                   
                       

Sean Higgins, the man charged in the deaths of You are not allowed to view links. Register or Login Johnny Gaudreau and his brother Matthew, will stand trial this summer on the original charges in his indictment after a New Jersey judge denied his defense attorney's contention that the brothers' own drinking contributed to their deaths. 

Superior Court Judge Michael Silvanio made his ruling in court Tuesday after nearly two hours of arguments, ultimately deciding all You are not allowed to view links. Register or Login would be upheld. 

"There's no credence in the argument there was contributory negligence on the part of the cyclists," Silvanio said.

Assistant Prosecutor Michael Mestern added during the hearing the defense's argument was "a reach to say the least." 

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According to court records, Johnny and Matthew Gaudreau both had a blood-alcohol level of .129 or above when they were riding their bicycles along the side of a road Aug. 29 on the eve of their sister's wedding. 

They were killed when Higgins allegedly struck them with his vehicle while attempting to pass a vehicle on the right side. But witness testimony supported that the brothers were not riding the bicycles recklessly.

"There are four witnesses that witnessed the defendant speeding and illegally passing the Bronco on the right when he struck the brothers. The witnesses also saw the brothers riding single file, with the flow of traffic, on the fog line just prior to being struck by the defendant," Mestern wrote in a memo this month. 

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Higgins' blood-alcohol level was .087, which is over the .080 legal limit in New Jersey. 

He was charged with two counts of You are not allowed to view links. Register or Logintwo counts of vehicular homicide, evidence tampering and leaving the scene of an accident. He also admitted to police that he had been drinking that day, including while he was driving. 

Higgins' attorneys said the motion was not to place blame on the brothers and argued that the grand jury did not hear all the facts before it approved charges. 

Higgins pleaded not guilty in January and could face up to 70 years in prison if found guilty on all charges. He is due back in court June 10. 

The Associated Press contributed to this report. 

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