In Memoriam Johnny Gaudreau & Matthew Gaudreau killed by drunk driver while cycling (MOD WARNING. No Flaming, Trolling, or Politics.)

[Harvey Birdman]

He got a nicer moment later in the game.

What? I'm not crying?! You're crying...

 

[Figgy44]

He got a nicer moment later in the game.

Shades of Stajan for Emerson, but next level.

 

[Aeroforce]

The body cam footage of Sean Higgins' sobriety test was released recently.

I have no experience with this whatsoever, but he seems coherent. Not that he should have been behind the wheel, but my thoughts were that this was more from road rage than drunk driving. Parts of the 911 calls also surfaced.

The most chilling part is toward the end when Higgins is handcuffed and getting in the police car. He nonchalantly asks the policeman if everyone is OK, seemingly oblivious he killed two people.

 

[Filthy Dangles]

The body cam footage of Sean Higgins' sobriety test was released recently.

I have no experience with this whatsoever, but he seems coherent. Not that he should have been behind the wheel, but my thoughts were that this was more from road rage than drunk driving. Parts of the 911 calls also surfaced.

The most chilling part is toward the end when Higgins is handcuffed and getting in the police car. He nonchalantly asks the policeman if everyone is OK, seemingly oblivious he killed two people.

It was known from the start he wasn't blackout drunk and that it wasn't an incoherent driver but just as a reckless one.

But it's both. He was/is a shit and reckless driver but the beers (even "just" a few and right around legal limit) most certainly made him drive even more agressively and recklessly.

Could have been the difference in him making a last second maneuver to avoid them or see them etc.

He's screwed, and will probably die in jail.

 

[RempireStateBuilding]

It was known from the start he wasn't blackout drunk and that it wasn't an incoherent driver but just as a reckless one.

But it's both. He was/is a shit and reckless driver but the beers (even "just" a few and right around legal limit) most certainly made him drive even more agressively and recklessly.

Could have been the difference in him making a last second maneuver to avoid them or see them etc.

He's screwed, and will probably die in jail.

He's "only" going to get 10-15 years. He's indicted on 2 counts of 2nd degree reckless vehicular homicide that carry max sentences of 7 years each (in NYS at least), and 2 counts of 1st degree aggravated manslaughter that carries a max of 25 years each (which by the sound of the NYS definition, he wouldn't be convicted of - it looks like this charge implies that there was intent to injure).

My guess is he gets convicted on the two 2nd degree reckless manslaughter charges and he gets 14 years total. He'll unfortunately be out by the time he's in his mid-50s.

 

[57special]

He's "only" going to get 10-15 years. He's indicted on 2 counts of 2nd degree reckless vehicular homicide that carry max sentences of 7 years each (in NYS at least), and 2 counts of 1st degree aggravated manslaughter that carries a max of 25 years each (which by the sound of the NYS definition, he wouldn't be convicted of - it looks like this charge implies that there was intent to injure).

My guess is he gets convicted on the two 2nd degree reckless manslaughter charges and he gets 14 years total. He'll unfortunately be out by the time he's in his mid-50s.

Sad but true.

I used to work a bit with a guy who used to moan about how he got his driver's license taken away for 5 years for a DUI. Turns out he killed a 5 yo girl. Many years(decades) ago, my aunt was hit by a drunk driver. She lived, but had a severe brain injury that affected her for the rest of her life. The driver wasn't even punished- it was considered an "accident

The law has gotten stricter in meting out sentences to drunk killer drivers, but still has a way to go, IMO. They are given a benefit of doubt that other defendants are not, IMO.

 

[JPT]

Sad but true.

I used to work a bit with a guy who used to moan about how he got his driver's license taken away for 5 years for a DUI. Turns out he killed a 5 yo girl. Many years(decades) ago, my aunt was hit by a drunk driver. She lived, but had a severe brain injury that affected her for the rest of her life. The driver wasn't even punished- it was considered an "accident

The law has gotten stricter in meting out sentences to drunk killer drivers, but still has a way to go, IMO. They are given a benefit of doubt that other defendants are not, IMO.

What's that opinion based on exactly?

 

[Sol]

Really? Vehicular homicide charges? What material did they press those charges on? That’s crazy. Can you post the actual charges?

 

[MacMacandBarbie]

It was known from the start he wasn't blackout drunk and that it wasn't an incoherent driver but just as a reckless one.

But it's both. He was/is a shit and reckless driver but the beers (even "just" a few and right around legal limit) most certainly made him drive even more agressively and recklessly.

Could have been the difference in him making a last second maneuver to avoid them or see them etc.

He's screwed, and will probably die in jail.

The beers likely didn't play a significant factor. This is certainly a road rage catastrophe.

Also yes he is screwed, but there isn't any chance of him dying in jail.

 

[tgo0]

The beers likely didn't play a significant factor. This is certainly a road rage catastrophe.

Also yes he is screwed, but there isn't any chance of him dying in jail.

I don’t know what level of facility he’ll be housed in… but there’s definitely a non-zero chance of getting got.


At least according to OZ and Shawshank… which make up almost all of my prison knowledge.

 

[Filthy Dangles]

The beers likely didn't play a significant factor. This is certainly a road rage catastrophe.

Also yes he is screwed, but there isn't any chance of him dying in jail.

Maybe not as to the latter.

As for the former, they're absolutely connected. The alcohol fueled the road rage and made the guy drive even more reckless. Pretty easy to understand. Agressive driving is one of the DUI/DWI queues cops look for. And again, with impaired reaction time and judgement from the alcohol, if the guy was stone cold sober maybe he see's em or swerves around last second even if he drives with similar aggression.

It's all moot cuz it will be succesfully used against as a signifcant factor in court which is all that ulimately matters.

 

[MoneyManny]

He's "only" going to get 10-15 years. He's indicted on 2 counts of 2nd degree reckless vehicular homicide that carry max sentences of 7 years each (in NYS at least), and 2 counts of 1st degree aggravated manslaughter that carries a max of 25 years each (which by the sound of the NYS definition, he wouldn't be convicted of - it looks like this charge implies that there was intent to injure).

My guess is he gets convicted on the two 2nd degree reckless manslaughter charges and he gets 14 years total. He'll unfortunately be out by the time he's in his mid-50s.

If it was Canada he'd probably get somewhere around 5 and be out of prison to a halfway house less than 2 years into his detention.

At least America still has a justice system.

 

[TD Charlie]

Maybe not as to the latter.

As for the former, they're absolutely connected. The alcohol fueled the road rage and made the guy drive even more reckless. Pretty easy to understand. Agressive driving is one of the DUI/DWI queues cops look for. And again, with impaired reaction time and judgement from the alcohol, if the guy was stone cold sober maybe he see's em or swerves around last second even if he drives with similar aggression.

It's all moot cuz it will be succesfully used against as a signifcant factor in court which is all that ulimately matters.

As it f***ing well should

 

[ucanthanzalthetruth]

They upgraded the charges a couple weeks back to first-degree aggravated manslaughter which is 10-30 years on each count. Who knows what their odds would be on trial on those charges but there's no way he doesn't cop a plea deal in the 15-20 year range IMO.

 

[Golden_Jet]

Really? Vehicular homicide charges? What material did they press those charges on? That’s crazy. Can you post the actual charges?

Post 2805 the charges/indictment are listed.
How is it crazy?

When you are charged, that means the district attorney found probable cause to prosecute you. When you are indicted, that means a grand jury found probable cause to prosecute you

Edit: I see a post above this, charges have been upgraded.

 

[Sol]

Post 2805 the charges/indictment are listed.
How is it crazy?

When you are charged, that means the district attorney found probable cause to prosecute you. When you are indicted, that means a grand jury found probable cause to prosecute you

doesn’t this imply there’s some intentionality or am I misunderstanding?

 

[Golden_Jet]

doesn’t this imply there’s some intentionality or am I misunderstanding?

I don’t think intentionality is needed, if over BAC limit and kilted 2 people while driving recklessly.

Would need to read up on New York State or NJ laws regarding this, to be accurate. Wherever the charges came from.
I’m sure google would know.

 

[RempireStateBuilding]

Really? Vehicular homicide charges? What material did they press those charges on? That’s crazy. Can you post the actual charges?

Driver charged in deaths of NHL star Johnny Gaudreau and brother indicted by grand jury

The driver accused of killing NHL hockey player Johnny Gaudreau and his brother, Matthew, earlier this year was indicted by a grand jury on Wednesday.

abc11.com

"Sean Higgins, 44, was indicted on two counts of second-degree reckless vehicular homicide, two counts of first-degree aggravated manslaughter, fourth-degree tampering with physical evidence and second-degree leaving the scene of a fatal accident."

The 1st degree charge (aggravated manslaughter) is the one that implies there was intent to injure going into whatever situation based on the New York state penal code. All this stuff happened in NJ though so some things might be different.

NY Penal Law § 125.22: Aggravated manslaughter in the first degree

Free Consultation - Our New York criminal lawyers have a combined 100+ years of legal and law enforcement experience. Our team includes former prosecutors from the District Attorney’s offices in New York City and Long Island, as well as law enforcement professionals. Stephen Bilkis & Associates...

criminaldefense.1800nynylaw.com

https://nycourts.gov/judges/cji/2-PenalLaw/125/125-22%281%29.pdf

"INTENT means conscious objective or purpose. Thus, a person acts with intent to cause serious physical injury to another when that person's conscious objective or purpose is to cause serious physical injury to another."

I don't see them getting him on the 1st degree charges. There's no way he avoids the 2nd degree manslaughter charges though.