The wrap around show

Sean Higgins, the man accused of killing Johnny and Matthew Gaudreau while drunk driving, was back in court on Tuesday.

According to reports, the Gaudreau Family was in the courtroom today to hear Higgins and his attorneys argue about whether or not the Gaudreau Brothers contributed to their own deaths because they had been drinking earlier in the night.

The defense claims that because the Gaudreaus BAC was .129, and Higgins was only .087, the manslaughter and vehicular homicide charges should be reduced or tossed out.

Assistant Prosecutor Michael Mestern said, “To say that their BACs may have contributed to the cause of death is a reach, to say the least.” Mestern even called it "kind of a red herring."

Defense lawyer Richard Klineburger III says, “I’m not saying it’s the cause of death, but I don’t know what impact it had, if any.”

New Jersey state prosecutors have stated several times that there is no law about riding a bike while intoxicated in their state. Prosecutors also have witness statements saying that the brothers were riding single file, on the shoulder, and not weaving at all.

“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,” Assistant Prosecutor Michael Mestern said.

He also said there is “no credible argument” that would make the Gaudreaus BAC levels relevant.

“Mr. Higgins is not demanding to be treated differently than any other but rather is respectfully requesting that the presentation of the charges against him be full, complete and transparent,” defense lawyer Matthew Portella said in a motion to get the charges thrown out.

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

Judge Silvanio has upheld all charges against Sean Higgins, including manslaughter and vehicular homicide.

THN Columbus will keep you updated on the case.

Up Next: The Jackets are in Philadelphia to play the Flyers on Tuesday.

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