The man accused of fatally striking NHL player Johnny Gaudreau and his brother is now arguing that he was not legally intoxicated at the time of the crash — and is seeking to have the entire case dismissed.
During a court appearance on Tuesday, attorneys for Sean Higgins, 45, of Pilesgrove, New Jersey, stated that a defense expert determined Higgins’ blood alcohol concentration (BAC) was 0.075, below New Jersey’s legal limit of 0.08. Prosecutors, however, previously asserted that his BAC measured 0.087.
Higgins is charged in connection with the August 29, 2024 crash that killed Gaudreau, 31, a longtime NHL forward, and his 29-year-old brother, Matthew, in Oldmans Township, New Jersey. According to authorities, the brothers were riding their bicycles single file along the shoulder of the road when Higgins attempted to pass another vehicle and struck them. He allegedly told officers at the scene that he had consumed five or six alcoholic drinks earlier that day.
At Tuesday’s remote hearing, defense attorney Richard Klineburger told Salem County Superior Court Judge Michael Silvanio that the discrepancy may stem from the type of sample tested. He explained that plasma, rather than whole blood, was analyzed, which could result in a higher reading. Based on the defense expert’s review, Klineburger argued that the adjusted BAC would be 0.075.
Klineburger contended that the BAC difference could have influenced the grand jury’s decision to indict Higgins on multiple charges, including first-degree aggravated manslaughter, reckless vehicular homicide, leaving the scene of a fatal accident, and tampering with physical evidence. If convicted on all counts, Higgins faces up to 70 years in prison. The attorney described the alleged error as something that “taints” the indictment and requested that prosecutors seek a new grand jury review.
Salem County Prosecutor Michael Mestern responded that he would need additional time to consult with forensic experts and investigators before determining whether the new analysis alters the state’s position. Judge Silvanio indicated that if prosecutors ultimately agree with the revised BAC claim, they could pursue a new indictment.
The defense also disclosed that a counteroffer had been submitted in response to a previous plea proposal from prosecutors that called for a 35-year prison sentence. The judge encouraged both sides to continue negotiations and offered to assist in facilitating discussions.
Higgins is scheduled to return to court on April 14, when prosecutors are expected to clarify whether they accept the revised BAC findings and provide updates on potential plea talks.
Previously, Higgins unsuccessfully sought to have the charges reduced or dismissed by arguing that the Gaudreau brothers were more intoxicated than he was and therefore contributed to the accident.
The fatal collision occurred just days before the brothers’ sister’s wedding, which was scheduled for the following day. Both Johnny and Matthew were married fathers. Higgins reportedly stopped about a quarter mile down the road after the crash, where officers located him.
The court proceedings unfolded shortly after the conclusion of the 2026 Winter Olympics, where Gaudreau would have represented Team USA had he been alive.
The U.S. men’s hockey team went on to capture gold against Canada, honoring Gaudreau during post-victory celebrations. His family was invited to attend the semifinal matchup between the United States and Slovakia in Milan.
The case remains ongoing as both sides await further forensic review and potential plea discussions.