Johnny Gaudreau and brother Matthew tragically killed in accident

[ZBBM]

I was off-grid when it happened and only learned of it today from a story in the NY Times.  It is infuriating.

The commenters on the Times story got into a back and forth over the paper's referring to it as an "accident."  Which it was, insofar as the driver didn't intend to hit and kill them. However, once you intentionally decide (a) to have "5 or 6 beers" and then intentionally decide (b) to drive, I would submit that you have flipped "intention" on its head.  Through those two intentional decisions, you have forfeited the possibility that any damage you cause while driving is "accidental," both in a plain-language sense and (obviously) in a legally culpable sense. "Accidental" in its plain-language sense means a random occurrence ? all other things being equal.  When you drive drunk, all other things no longer are equal.

When he's convicted, as I'm sure he will be (if he doesn't plead guilty) he'll be sentenced according to whatever guidelines are in place in NJ.  Much as we might like to ramp up the sentence based on personal factors (how beloved the victims were, their hockey talent), that won't make any difference.  Not good for our desire for vengeance, but good for the overall justice system.

 

[cw]

The driver was regarded as a flight risk. He's been in jail since the incident and will remain there until his trial.
On Nov, the judge extended the time by 30 days for the prosecution to indict.
Grand Jury indicted him December 10th.

Columbus Dispatch: Driver in crash that killed Johnny Gaudreau faces more charges following new indictment

The driver accused of killing NHL star Johnny Gaudreau and his brother faces more severe charges under a new indictment.

Sean M. Higgins, 44, is accused of aggravated manslaughter and other crimes under charges brought by a grand jury Dec. 10. The New Jersey man has been jailed on two counts of vehicular homicide since his arrest after a crash Aug. 29 that killed Johnny Gaudreau and his brother, Matthew.

...

If convicted, Higgins could be sentenced to a term of 10 to 30 years for each manslaughter count

In addition to the reckless vehicular homicide charges, the indictment accuses Higgins of tampering with physical evidence and leaving the scene of a fatal accident, the prosecutor's office said.

Higgins also faces traffic charges, including driving while intoxicated and reckless driving.

NJ.com: Driver indicted in crash that killed NHL star Johnny Gaudreau, his brother

Sean M. Higgins, 44, of Pilesgrove Township, was indicted Wednesday on two counts of first-degree aggravated manslaughter, two counts of second-degree reckless vehicular homicide, second-degree leaving the scene of a fatal accident and fourth-degree tampering with physical evidence in the deaths of Gaudreau, 31, and Matthew R. Gaudreau, 29.

2 aggravated manslaughter counts is 10-30 years for each
2nd degree reckless vehicular homicide has a sentence range of 5-10 years for each.
2nd degree leaving the scene of a fatal accident has a sentence range of 5-10 years
There are other charges not listed there like drinking in his vehicle while driving.
He tested being impaired - over .08. They have video of him admitting alcohol contributed to his impatience.

He's in jail and he's probably not getting out for many years.

 

[Highlander]

Looks like a minimum of 30 years with 15 on good behaviour. 7.5 years per life. Not good enough. At least the DDL are getting much tougher than they were and God bless that fact.
A high school associate back in the 70's killed a guy and didn't spend a day in jail. And he had absolutely no remorse. Creep.

 

[Bender]

The driver was regarded as a flight risk. He's been in jail since the incident and will remain there until his trial.
On Nov, the judge extended the time by 30 days for the prosecution to indict.
Grand Jury indicted him December 10th.

Columbus Dispatch: Driver in crash that killed Johnny Gaudreau faces more charges following new indictment

...




NJ.com: Driver indicted in crash that killed NHL star Johnny Gaudreau, his brother



2 aggravated manslaughter counts is 10-30 years for each
2nd degree reckless vehicular homicide has a sentence range of 5-10 years for each.
2nd degree leaving the scene of a fatal accident has a sentence range of 5-10 years
There are other charges not listed there like drinking in his vehicle while driving.
He tested being impaired - over .08. They have video of him admitting alcohol contributed to his impatience.

He's in jail and he's probably not getting out for many years.

And possibly (and hopefully) never getting out.

 

[cw]

And possibly (and hopefully) never getting out.

If he doesn't pass away prematurely, he's probably going to get out eventually.
He apparently had no 'criminal' history except his driving history is bad: "he has been cited numerous times for unsafe driving, driving while intoxicated, speeding, improper display of plates and improper operations in a highway with marked lanes."
His wife complained that she had warned him about his driving repeatedly.
He has little credible evidence to defend himself.
So the sentence is likely to be 'harsh' as it should be.

With no other crimes outside of driving, his work for a non profit and his service in the National Guard since 2008 are mitigating factors in sentencing that will help him avoid a maximum sentence. I'm not taking a position on that. It is just the way that it is likely to turn out - the sentencing judge will probably consider those factors and take something off the sentence. If they don't, the sentence could be appealed.

He was put on suicide watch because he told arresting police that he regarded his life was effectively over. He knows his prison sentence is likely to be lengthy.