Judge rejects defense that Gaudreau brothers contributed to their deaths by cycling while impaired

SALEM, N.J. (AP) — The family of NHL hockey player Johnny Gaudreau and his brother Matthew listened in pain Tuesday as lawyers debated whether the men's own drinking contributed to their deaths when they were hit by an allegedly drunken and enraged driver as they cycled at night.

After nearly two hours of argument, a judge agreed the issue was moot under New Jersey criminal law — upholding all of the charges against the driver, including manslaughter and vehicular homicide.

“There’s no credence in the argument there was contributory negligence on the part of the cyclists,” said Superior Court Judge Michael Silvanio.

According to the defense, the Gaudreaus had blood-alcohol levels of .129 or above, higher than the .08 legal limit in New Jersey and the .087 blood alcohol content that police recorded for Sean Higgins. His lawyers had hoped to have the manslaughter and vehicular homicide charges reduced or dismissed.

“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.

Other drivers told police the brothers were riding safely on the edge of the road, not weaving into traffic, he said. Prosecutors have accused Higgins of being impaired by alcohol and fueled by road rage when he ran into them.

“There are four witnesses that witnessed the defendant speeding and illegally passing the Bronco on the right when he struck the brothers. The witnesses also saw the brothers riding single file, with the flow of traffic, on the fog line just prior to being struck by the defendant,” Mestern wrote in a memo this month.

The Gaudreaus were bicycling near their hometown in southern New Jersey on the eve of their sister’s wedding on Aug. 29. Both of their wives have since given birth to sons. Johnny Gaudreau's widow, Meredith, gave birth to their third child on April 1. The sister's wedding was postponed until this summer.

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 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. He was found beside his damaged vehicle, which had stalled about a quarter mile from the crash scene.

A combat veteran and married father of two who worked for an addiction treatment company, Higgins told police he had consumed about a half-dozen beers that day, some while driving, after an upsetting phone call with his mother.

Higgins' lawyers — while also noting that the Gaudreaus were cycling without lights after dark — said they were not trying to cast blame or contribute to the family's pain, but only give their client a robust defense.

“Mr. (Richard) Klineburger and I are not blaming the two bicyclists for the incident. That would be ridiculous. That would be wrong,” lawyer Matthew Portella said as the Gaudreaus' parents and sisters grimaced.

Portella instead argued that the grand jury did not hear all of the facts before it approved charges that allege Higgins was intentionally reckless and left the scene.

Mestern called the indictment sound and the judge agreed, sending the charges to trial and scheduling the next hearing for June 10.

Higgins faces a maximum 70 years in prison if convicted on all counts. His lawyers have rejected a plea offer of 35 years.

The county courthouse in Salem, N.J., is seen Tuesday, April 15, 2025 before the appearance of Sean M. Higgins, the driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew while they were bicycling. (AP Photo/Matt Rourke)

Sean M. Higgins, the driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew while they were bicycling, appears at the Salem County, N.J., Courthouse, Tuesday, April 15, 2025, in Salem, N.J. (AP Photo/Matt Rourke)

Superior Court Judge Michael Silvanio speaks during Sean M. Higgins' trial, at the county courthouse in Salem, N.J., Tuesday, April 15, 2025. (AP Photo/Matt Rourke)

Attorneys for Sean M. Higgins, the driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew while they were bicycling, speak at the Salem County, N.J., Courthouse, Tuesday, April 15, 2025, in Salem, N.J. (AP Photo/Matt Rourke)

Sean M. Higgins, the driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew as they bicycled on a rural road, appears at the county courthouse in Salem, N.J., Tuesday, April 15, 2025. (AP Photo/Matt Rourke)

Sean M. Higgins, the driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew while they were bicycling, appears at the Salem County, N.J., Courthouse, Tuesday, April 15, 2025, in Salem, N.J. (AP Photo/Matt Rourke)

Sean M. Higgins, the driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew while they were bicycling, appears at the Salem County, N.J., Courthouse, Tuesday, April 15, 2025, in Salem, N.J. (AP Photo/Matt Rourke)

Sean M. Higgins, the driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew while they were bicycling, appears at the Salem County, N.J., Courthouse, Tuesday, April 15, 2025, in Salem, N.J. (AP Photo/Matt Rourke)

Sean M. Higgins, the driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew while they were bicycling, sits in the Salem County, N.J., Courthouse, Tuesday, April 15, 2025, in Salem, N.J. (AP Photo/Matt Rourke)

Sean M. Higgins, the driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew while they were bicycling, appears at the Salem County, N.J., Courthouse, Tuesday, April 15, 2025, in Salem, N.J. (AP Photo/Matt Rourke)

FILE - Blue Jackets' Johnny Gaudreau's family watches a #13 banner being raised during a ceremony before the start of an NHL hockey game between the Columbus Blue Jackets and the Florida Panthers. Tuesday, Oct. 15, 2024, in Columbus, Ohio. (AP Photo/Jay LaPrete, File)

FILE - Quinnipiac goalie Michael Garteig (34) makes the save on a shot by Boston College forward Matthew Gaudreau (21) during the first period of an NCAA Frozen Four semifinal NCAA college hockey game, April 7, 2016, in Tampa, Fla. (AP Photo/Chris O'Meara, File)

FILE - Sean M. Higgins, the driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew as they bicycled on a rural road, appears at the county courthouse in Salem, N.J., Nov. 12, 2024. (AP Photo/Matt Slocum, File)

FILE - Columbus Blue Jackets' Johnny Gaudreau plays during an NHL hockey game, Jan. 4, 2024, in Philadelphia. (AP Photo/Matt Slocum, File)

MEMPHIS, Tenn. (AP) — Tuomas Iisalo, who was appointed interim coach of the Memphis Grizzlies in the waning days of the regular season, was given the full-time job on Friday and becomes the first Finnish-born coach in the NBA.

The team announced the hiring on Friday but terms of Iisalo’s contract were not released. He joined the Grizzlies as the lead assistant this past season.

Iisalo took over the team on March 28 after the Grizzlies returned home from an 0-5 road trip, the last loss coming at Oklahoma City. The road trip led to the firing of Taylor Jenkins, the winningest coach in Grizzlies franchise history.

“I have full confidence in Tuomas serving as head coach of the Memphis Grizzlies going forward,” Grizzlies president Zach Kleiman said in a statement. “Tuomas’ teams at every level have been disciplined, tenacious and connected on both ends of the floor, consistently exceeding expectations. We look forward to the same in Memphis.”

Iisalo, a native of Finland, was 4-5 in the final nine games of the regular season. Memphis split two games in the play-in tournament, earning the eighth seed and faced Oklahoma City, to whom they lost all four games.

But Iisalo was forced into a tough situation, facing a hard schedule late in the season with little time to make changes. The team only had a few practices under his direction.

“We had 15 games and two practices, and I tried to do my best in those,” he said after the team's elimination.

Later, regarding the frantic pace of the season, he added: “That's a ratio that makes it very difficult. We were in a situation that there were no drastic changes that we needed to make or could be made in that situation.”

Before joining the Grizzlies, Iisalo served one season as coach of Paris Basketball, winning the EuroCup championship. The success earned him EuroCup Coach of the Year. In addition to his season with Paris Basketball, he had stints with teams in Germany, including five seasons with Crailsheim Merlins.

Iisalo played 14 season of professional basketball in Finland.

After this season ended, the short term leadership of Iisalo seemed to gain a vote of confidence from several Grizzlies, including star Ja Morant.

“I feel like Tuomas is a good coach,” Morant said in the team's exit interviews. “For me, going into my film sessions with him and just talking about the game of basketball, seeing and hearing that he sees the same thing I see out there on the floor.

“I wouldn’t say its been surprising, but it’s been very exciting.”

In his postseason exit interview, Iisalo was discussing how he would run the team with the city and organization in mind.

“Every club and every city has their own culture,” Iisalso said. "I think it is very important that you are true to the roots of that city.

"This city is a hard-working city. The club has roots in that. It has to be based on giving everything you have. I've always believed in that.

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Memphis Grizzlies interim coach Tuomas Iisalo looks up during the first half in Game 1 of an NBA first-round playoff series against the Oklahoma City Thunder, Sunday, April 20, 2025, in Oklahoma City. (AP Photo/Nate Billings)

Memphis Grizzlies interim head coach Tuomas Iisalo yells during the second half of an NBA play-in tournament basketball game against the Dallas Mavericks, Friday, April 18, 2025, in Memphis, Tenn. (AP Photo/George Walker IV)

Memphis Grizzlies interim head coach Tuomas Iisalo yells to his players during the first half in Game 4 of an NBA basketball first-round playoff series Saturday, April 26, 2025, in Memphis, Tenn. (AP Photo/George Walker IV)