Sean Higgins, accused of crashing into NHL star Johnny Gaudreau and his brother while they were biking, had his request to dismiss charges rejected by the court. The tragic incident occurred just before their sister's wedding. Despite attempting to argue that the brothers' higher blood alcohol levels contributed to their deaths, the judge ruled against this claim, highlighting the brothers were cycling safely. Prosecutors noted multiple witnesses saw Higgins speeding and behaving dangerously just before the crash, leading to the fatal outcomes.
"There's no credence in the argument there was contributory negligence on the part of the cyclists," Superior Court Judge Michael Silvanio eventually ruled - as a teary-eyed Higgins wiped his face.
"To say that their BACs may have contributed to the cause of death is a reach to say the least," Assistant Prosecutor Michael Mestern said at the hearing.
"There are four witnesses that witnessed the defendant speeding and illegally passing the Bronco on the right when he struck the brothers," Mestern argued.
"Higgins, who cops alleged chugged half a dozen beers in the lead up, had recorded a .087 blood alcohol reading in the wake of the Aug. 29 crash."
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