In new filings made public Wednesday, lawyers called the brothers' blood alcohol level (BAC) at the time of the fatal crash irrelevant to any issue before the jury.
"Multiple witness accounts show that it was the defendant's actions and his actions alone that caused the collision that led to Matthew and John Gaudreau's deaths," said prosecutors.
Prosecutors say Sean Higgins, 44, was behind the wheel when he struck and killed the brothers on August 29, 2024, while traveling on Pennsville Auburn Road (County Route 551) near Stumpy Lane in Oldmans Township, New Jersey.
SEE ALSO: Driver accused in DUI crash that killed Gaudreau brothers rejects plea deal
Higgins, of Woodstown, Salem County, has been charged with two counts of death by auto, reckless driving, possession of an open container, and consuming alcohol in a vehicle.
Authorities say Higgins was impaired over the legal limit, with a BAC of .087, on the night he drove into 31-year-old Johnny and 29-year-old Matthew.
Higgins' defense has been arguing since February that his indictment should be dismissed based on the state's alleged "failure to present exculpatory evidence," saying the brothers were under the influence when the crash happened.
But in a response last month, the state said there was no basis to dismiss the indictment, adding that sufficient evidence was presented to establish probable cause.
In previous filings, the defense said the brothers' BAC was higher than Higgins' at the time of the crash, with Johnny being .129 and Matthew at .134.
But the state says the toxicology report is irrelevant.
"No credible argument can be made that Matthew and John's toxicology reports and the contents therein are relevant to the case," prosecutors said, stressing that no action by the brothers led to their deaths.
The state also said bicyclists aren't governed by the drunk driving statute since bikes aren't powered by motors.
No evidence has been presented to date that the brothers were biking improperly. Witnesses reported seeing them biking on the side of the road, single file, with the flow of traffic before they were hit.
What happened before crash?
The filings describe in new detail what happened before the moment of impact.
The driver of a Ford Focus says she was traveling behind a Bronco when she noticed another vehicle coming up from behind at a high rate of speed. The driver says she noticed the SUV speeding up, slowing down, then speeding up again.
"That happened three or four times while being tailgated. She was so concerned about this, she thought about pulling over," the filing states.
While this was happening, authorities say the vehicle in front of her, the Bronco, started to apply its brakes and move over. As this happened, she spotted the Gaudreau brothers not in the lane of travel, and she was confident they were biking on the fog line, prosecutors said.
As the driver moved over, she said Higgins passed on the left at a high rate of speed.
RELATED: Widows of Johnny and Matthew Gaudreau launch foundation to honor hockey brothers
"The defendant then swerved in front of her after passing her. She then saw the defendant hit the brothers," prosecutors said.
While speaking with troopers, Higgins allegedly stated that he was impatient and decided to pass vehicles. He also allegedly said that he thought the driver of the Bronco was trying to prevent him from passing.
"He admitted that he didn't see the victims before he struck them," court documents allege.
Authorities said the brothers were unconscious but breathing when one 911 caller reported the tragedy. An autopsy report states they died from blunt force injuries as a result of being struck.
"The reports found no underlying conditions or injuries that contributed to Matthew or John's deaths," prosecutors said in the filing.
In bodycam video obtained by Action News, Higgins can be seen talking to police before failing a sobriety test.
READ MORE: Newly released bodycam video shows arrest of suspect charged in deaths of Gaudreau brothers
Newly released bodycam video shows arrest of suspect charged in deaths of Gaudreau brothers
He told troopers that he had about "five or six" beers starting around noon on the day of the crash. He also allegedly admitted to drinking two beers in the car while driving.
In January, Higgins rejected a plea deal that would have seen him spend 35 years in prison.
A hearing is scheduled for April 15, when a judge will hear the recent motions filed in the case.
Johnny Gaudreau, known as "Johnny Hockey," played 10 full seasons in the NHL and was set to start his third with the Columbus Blue Jackets. He played his first eight seasons with the Calgary Flames.
Meredith Gaudreau, Johnny's widow, recently announced the birth of their third child.
"Another baby boy Carter Michael Gaudreau - same middle name as his daddy. 8lb 3 ounces, 20.5 inches - exact same as his daddy. He looks exactly like his daddy too," wrote Meredith Gaudreau this week on Instagram.
Matthew Gaudreau's wife, Madeline Gaudreau, announced the birth of their child, Tripp Matthew, in December.