Attorneys for the man accused of killing NHL star Johnny Gaudreau and his brother, Matthew, in a 2024 car crash made another bid this week to have charges against their client dismissed.
Sean M. Higgins, 45, was indicted in December 2024 on two counts of first-degree aggravated manslaughter, two counts of second-degree reckless vehicular homicide, one count of tampering with physical evidence (fourth-degree) and leaving the scene of a fatal accident (second-degree). On Monday, Higgins’ lawyers filed a notice of motion in Salem County (N.J.) Superior Court to dismiss those charges “based on a failure to present proper evidence” of Higgins’ blood alcohol concentration to the grand jury.
The Gaudreau brothers were struck and killed while riding bicycles near their childhood home in New Jersey on Aug. 29, 2024, the eve of their sister’s wedding.
The court has heard Higgins’ blood alcohol level was 0.087 percent on the night of the crash, which is above the legal limit for driving. Higgins has also admitted to drinking while driving and failed a field sobriety test.
At a hearing on Tuesday, defense attorney Richard F. Klineburger argued that because the blood alcohol testing was done on Higgins’ plasma, not his blood, it resulted in a higher BAC level. The defense also said that, according to an expert’s analysis, Higgins’ BAC was actually 0.075 percent, which is below the legal limit for driving.
“The grand jury heard the reading was 0.087,” Klineburger said, “when the actual reading is 0.075. We don’t know how much that impacted the jury when it came to other aspects of the case.”
Klineburger said the defense team filed the motion to dismiss all charges as to “err on the side of caution,” but acknowledged the new evidence based on the expert analysis “might not apply” to all charges.
Since his first hearing, Higgins’ lawyers have filed a string of motions to dismiss charges and bar evidence against their client from trial as part of a zealous defense. A previous motion to dismiss charges against Higgins was denied by Superior Court Judge Michael J. Silvanio in April. Higgins’ next court date is scheduled for April 14.
Assistant prosecutor Michael Mestern said he’d need to review the entire defense motion and consult with the state’s own expert on how the blood testing was done before making any decisions on taking the case back to the grand jury.
During Tuesday’s hearing, Higgins’ attorneys also revealed they have presented a counter to a plea offer their client had previously been offered by prosecutors. In January 2024, Higgins rejected an offer that would see him spend 35 years in prison in return for a guilty plea.
The details of the defense’s counter were not disclosed on the record on Tuesday.
Johnny, a star winger for the Columbus Blue Jackets known to fans as “Johnny Hockey,” was 31 at the time of the fatal crash. Matthew, who reached the second-tier AHL as a player before pivoting to coaching, was 29.
Tuesday’s hearing came just two days after the U.S. men’s hockey team honored the Gaudreau brothers after their 2-1 overtime win against Canada in the Olympic gold medal game. Former teammates carried Johnny’s No. 13 jersey around the rink, then brought two of his children, Noa and Johnny Jr., onto the ice for a team picture.
“Johnny and Matty should be here, and that is still the biggest loss that all of us, USA Hockey, their family, our family, has gone through, and to have Johnny Jr. and Noa out there, it just felt right,” U.S. forward Dylan Larkin said. “Johnny’s family first.”
Said captain Auston Matthews, “He was with us in spirit the entire tournament.”
