Sean Higgins seeks dismissal in Gaudreau brothers case over blood alcohol dispute

Motion to dismiss filed in case of Gaudreau brothers deaths

Sean Higgins, accused in the deaths of Johnny and Matthew Gaudreau, appeared in a virtual hearing Tuesday where his defense filed a motion to dismiss based on a blood alcohol testing dispute, introducing new evidence including a second toxicology report.

SALEM COUNTY, N.J. - The man accused in the deaths of Johnny and Matthew Gaudreau appeared virtually in court Tuesday, with his lawyers seeking to have the charges dismissed based on new blood-alcohol evidence.

Defense challenges blood-alcohol evidence in court

What we know:

Sean Higgins’ defense team filed a motion to dismiss the case, pointing to a new toxicology report that showed his blood-alcohol level at 0.075, which is below the legal limit, according to attorneys. 

Higgins is accused of driving drunk and hitting the Gaudreau brothers as they rode their bikes in August 2024.

Attorneys introduced the new report during the hearing, arguing that the lower blood-alcohol level should impact the charges Higgins faces. 

The court heard arguments from both sides, but no decision was made on the motion Tuesday.

Higgins is charged with two counts each of reckless vehicular homicide and aggravated manslaughter, along with evidence tampering and leaving the scene of a crash. He was found near his damaged vehicle, which had stalled about a quarter mile from where the brothers were struck.

The case has drawn national attention, especially as the Gaudreau family was honored on the ice after Team USA’s Olympic hockey gold win.

Legal arguments and new evidence

The defense claims the new toxicology report supports their argument that Higgins was not legally drunk at the time of the crash. 

They also say the grand jury did not hear all the facts before approving the charges.

Prosecutors have maintained that Higgins was impaired by alcohol and road rage when he struck the brothers, and that witnesses saw him speeding and passing illegally before the crash. 

"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," said Assistant Prosecutor Michael Mestern.

The Gaudreau family, including the parents and sisters, listened to the hearing as lawyers debated the evidence and responsibility in the case.

Higgins, a 44-year-old combat veteran and father of two, has rejected a plea offer of 35 years and faces up to 70 years in prison if convicted on all counts.

The next court date is set for April 14.

The backstory:

NHL star Johnny Gaudreau, brother struck and killed by car while riding bikes in New Jersey

NHL star Johnny Gaudreau and his brother were killed while riding bikes on a rural New Jersey road Thursday night, according to authorities.

Johnny and Matthew Gaudreau were cycling near their hometown in southern New Jersey on the eve of their sister’s wedding in August 2024. 

Both men were well-known in the hockey community—Johnny, known as "Johnny Hockey," played for the Columbus Blue Jackets, while Matthew was a high school coach.

Since the crash, both of their wives have given birth to sons, and the family postponed their sister’s wedding until the following summer.

Johnny Gaudreau's widow, Meredith, reveals pregnancy at memorial service

Meredith Gaudreau delivered an emotional eulogy at Monday's memorial service where she revealed that she was pregnant with the couple's first child. She was able to tell Johnny a week before his tragic death.

The case has continued to generate public interest, especially as the Gaudreau family was recognized at a major sporting event this week.

What we don't know:

It is not yet clear how the judge will rule on the defense’s motion to dismiss the charges based on the new blood-alcohol evidence. 

The court has not announced when a decision will be made, and it is unknown if additional evidence will be introduced at the next hearing.