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(New York, NY) – The man who is accused in the drunk driving deaths of two hockey players is making a new plea to get his criminal case tossed. Sean Higgins, 44, is accused of killing NHL star Johnny Gaudreau and his brother Matthew in August. Defense attorneys for Higgins claim the two brothers had blood alcohol levels higher than the driver at the time of the crash. The two were riding their bikes along the road in Oldman’s Township, New Jersey when they were struck by a car which then fled the scene. Higgins was arrested the same night after failing a field sobriety test, and prosecutors claim Higgins dumped evidence before officers caught up with him.
The tragedy was made even more heartbreaking when it was revealed that the pair were set to attend their sister’s wedding the very next day. Matthew was also unknowingly an expecting father, as his wife revealed she was going to share the news with him after the wedding celebrations.
Lawyers for Higgins included the blood alcohol levels of the two brothers in their most recent attempt to have the case dismissed. However, the filing did not put any blame on the brothers nor does it claim that the pair was breaking the law at the time of their deaths.