Judge delivers key verdict in case against NHL star Johnny Gaudreau and brother’s alleged killer after fresh twist

By ISABEL BALDWIN

The case against the man accused of killing NHL star Johnny Gaudreau and brother Matthew will go ahead. 

The brothers were tragically killed after being struck by a suspected drunk driver while cycling in New Jersey last summer. 

Sean Higgins was indicted by a grand jury in December of six charges related to the crash but his attorneys asked Tuesday that the indictment be thrown out. 

However, the judge denied that request with the case now set to move forward. 

Higgins’ attorneys argued that the prosecution has not presented evidence of the brothers’ blood-alcohol levels to the grand jury. 

According to the defense, the Gaudreaus had blood-alcohol levels of .129 or above, higher than the .08 legal limit in New Jersey and the .087 that police recorded for Higgins. Prosecutors it wasn’t relevant under New Jersey law.

The case against the man accused of killing Johnny and Matthew Gaudreau will go ahead

NHL star Johnny Gaudreau and brother Matthew were killed after being struck while cycling  

Sean Higgins was indicted by a grand jury in December of six charges related to the crash

Salem County prosecutors noted that there is no law banning cycling while intoxicated in New Jersey, and that witnesses said the brothers were riding single-file on the edge of the road, not weaving into traffic. Prosecutors have accused Higgins of being impaired by alcohol and fueled by road rage when he ran into them. 

The Gaudreau brothers were killed on Aug. 29 in Oldmans Township, N.J., where they had traveled to attend their sister Katie’s wedding scheduled for the following day. Johnny was 31 and Matthew was 29. 

In documents seen by DailyMail.com, Higgins admitted to cops that he drank ‘5-6 beers’ before getting behind the wheel of his Jeep Grand Cherokee and crashing into the back of Johnny and Matthew 

More to follow.  

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Judge delivers key verdict in case against NHL star Johnny Gaudreau and brother’s alleged killer after fresh twist

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Read more at DailyMail.co.uk