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Blood alcohol levels Johnny and Matthew Gaureau It should not be allowed as evidence when the trial of their alleged murderer begins, arguing the brothers’ attorneys.
Prosecutors filed court documents at the Salem County Prosecutor Office in New Jersey on Wednesday, April 9, trying Tmz sports.
Solicitors said the level of drunkenness of the brothers at the time of their deaths was “irrelevant.”
“Multiple witness accounts show that the collision that led to the deaths of the defendant and his actions that led to the deaths of Matthew and John Gaureau,” the documents noted.
Johnny, 31, and Matthew, 29, were struck and killed by an alleged drunken driver Sean M. Higgins In August 2024 while riding bikes at Oldmans Township, New Jersey the night before their sister Katie GaureauMarriage.
In a court filing in February, Attorneys for Higgins presented evidence claiming that Johnny had a blood alcohol concentration of 0.129% when he was killed, while Matthew’s concentration was 0.134%.
Both numbers are higher than the alleged Higgins level of 0.087%, which exceeded the legal driving limit of 0.08%.
The attorneys did not argue that the Gauraus blood alcohol levels played a part in the accident, but filed a proposal for additional information on how the levels for the brothers and Higgins were collected.
“We believe that this filing is essential to ensure that our client’s constitutional rights are protected and not treated unfairly based on the amount of publicity carried,” Higgins attorneys, Richard F. Klineburger III and Matthew V. PortellaHe said in a statement made by NJ.com.
Higgins were charged with two accounts of first-degree aggravated manslaughter, two counts of second-degree reckless vehicle manslaughter, fourth grade charge of interfering with physical evidence and a second-degree charge of leaving a fatal accident location.
In January, Higgins pleaded not guilty to all charges.
At the time, Higgins rejected a plea deal that would have seen her serving 35 years in prison. Higgins’ attorneys argued that the offer was 35 years higher than usual due to the fame and evilness around the cause and the Gaureau family.
Higgins’ next court date is scheduled for April 15.
Meredith GaureauJohnny’s wife, gave birth to the couple’s third baby on April 1.
“Carter Michael Gaureau – the same middle name as his father,” Meredith shared through Instagram. “8 lbs 3 ounces, 20.5 inches – exactly the same with his father. He looks just like his father too.”
Meredith added, “I love you so much my baby! We’re going to have so much fun. I can’t wait to give you the best life, my special boy forever. John, thank me for giving me our beautiful family. We love u, daddy and lose you so much ♥ ♥ ️.”