The tragic case concerning NHL players Johnny and Matthew Gaudreau highlights the contentious debate around the role of alcohol in their deaths after being struck by Sean Higgins, an allegedly drunken driver. While Higgins' defense pointed to the brothers' blood alcohol levels, a judge ruled that there was no contributory negligence, maintaining the seriousness of the charges against Higgins, including manslaughter. Eyewitness accounts supported the claim that the brothers were cycling safely when struck. The incident occurred just before a family wedding, adding to the personal tragedy of the event.
"To say that their BAC's may have contributed to the cause of death is a reach to say the least," Assistant Prosecutor Michael Mestern argued.
"There's no credence in the argument there was contributory negligence on the part of the cyclists," said Superior Court Judge Michael Silvanio.
"There are four witnesses that witnessed the defendant speeding and illegally passing the Bronco on the right when he struck the brothers," Mestern wrote.
"The Gaudreaus were bicycling near their hometown in southern New Jersey on the eve of their sister's wedding on Aug. 29."
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