Attorneys for driver accused of killing Johnny and Matthew Gaudreau want some evidence thrown out, docs say
According to court documents, defense attorneys for Higgins said that investigators got data from his Jeep's airbag control module. But they failed to obtain a "communications data warrant" until after the fact, defense attorneys claim.
Last month, defense attorneys also asked the judge to toss the roadside statement that Higgins allegedly gave to police after the crash.
Prosecutors have until July 21 to file a response.
In April, a judge upheld charges against Higgins and rejected his attorney's argument that the Gaudreau brothers' drinking contributed to their deaths.
"There's no credence in the argument there was contributory negligence on the part of the cyclists," Superior Court Judge Michael Silvanio said earlier this year.
The Gaudreaus were bicycling near their hometown on County Road 551 and Stumpy Lane in Oldmans Township on the eve of their sister's wedding on Aug. 29, 2024, when they were struck and killed allegedly by Higgins.
Johnny Gaudreau, known as "Johnny Hockey," was set to start his third season with the Columbus Blue Jackets after eight seasons with the Calgary Flames. Matthew Gaudreau played hockey at Boston College, like his older brother, and was working as a high school coach.
Higgins, 44, of nearby Woodstown, New Jersey, is charged with two counts each of reckless vehicular homicide and aggravated manslaughter, along with evidence tampering and leaving the scene of an accident.
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