During Tuesday’s virtual court hearing, defense attorneys for Sean Higgins, the man accused of being responsible for the death of NHL star Johnny Gaudreau and his brother Matthew, presented new toxicology evidence they argue fundamentally undermines the prosecution’s case.
The defense introduced a second expert analysis claiming Higgins’ blood-alcohol content was actually 0.075, below New Jersey’s legal driving limit of 0.08, not the 0.087 previously presented to the grand jury that indicted him.
“The grand jury heard the reading was 0.087 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,” defense attorney Matthew Klineburger told the Salem County court.
The discrepancy according to the defense stems from how the initial test was conducted. The defense claimed the original measurement analyzed plasma rather than whole blood, a technical distinction that could have significant legal ramifications for a case built partly on allegations of impaired driving.
Based on this new evidence, Higgins’ legal team filed a motion to dismiss the indictment entirely. Klineburger acknowledged the nature of the filing saying the defense team moved to dismiss all charges to “err on the side of caution,” though he conceded the new toxicology evidence “might not apply” to every charge Higgins faces.
Next pre-trial conference of the Gaudreau brothers trial scheduled for April 14
The prosecution has yet to publicly respond to the defense’s new toxicology report or the motion to dismiss. The court did not rule on the motion Tuesday and the case remains on track with a pre-trial conference scheduled for April 14 at 1:30 p.m.
Higgins now faces two counts each of reckless vehicular homicide, aggravated manslaughter, evidence tampering and leaving the scene of a fatal accident. If convicted on all counts, he could face up to 70 years in prison.
In January last year, Higgins had rejected a plea agreement that would have resulted in 35 years in prison.
The charges stem from the Aug. 29, 2024 tragedy on County Route 551 in Oldmans Township, New Jersey where NHL stars Johnny Gaudreau and Matthew Gaudreau were struck and killed while cycling. According to prosecutors, the brothers were riding on the right side of the road when an SUV ahead of them moved to the center to pass them safely. Higgins allegedly attempted to pass the SUV by entering the left shoulder striking both brothers fatally.
Edited by Anjum Rajonno
