Man Who Killed NHL Star Johnny Gaudreau & Brother While Driving Drunk Argues Case Should Be Dismissed – Because Victims Were Also Drunk While Riding Bikes

by Baila Eve ZismanFebruary 6, 2025, 6:58 pmNews >

Former NHL player Johnny Gaudreau and his brother, Matthew Gaudreau, were intoxicated at the time of their fatal crash last summer.

On August 29, 2024, Gaudreau, 31, and Matthew, 29, were struck by Sean M. Higgins while riding bikes along a rural highway in Salem County, New Jersey.

Higgins, 44, pleaded not guilty earlier this month, and his lawyers plan to request the dismissal of his indictment.

In a new court filing, it has been revealed that Gaudreau and Matthew’s blood-alcohol content (BAC) at the time of their death was 0.129 and 0.134 percent. Higgins was also intoxicated at the time of the crash, with a BAC of 0.087.

Gaudreau and Matthew were near their childhood home on the eve of their sister’s wedding. They were pronounced dead on sight. A driver in front of Higgins who observed the accident reported to the police that Higgins had been driving “aggressively.” While she and another driver had pulled into the left lane to give the bikers space, Higgins had accelerated and sharply veered right before striking the brothers.

Higgins attorneys, Richard F Klineburger III and Matthew V. Portella, delivered a statement explaining their motion: “Earlier today, we filed various pleadings including a motion for additional discovery with regard to the testing procedures of the blood alcohol content for all parties involved in this tragic event, a motion to compel plea offers of similarly situated cases as well a motion to dismiss the Indictment as charged.”

They continued, “We believe these filings are essential to ensuring that our client’s Constitutional rights are protected and that he is not being treated unfairly based upon the amount of publicity being garnered.” They did not claim that the Gaudreau’s high BAC levels played any role in the crash.

There is no legal limit for alcohol BAC while riding a bike in the state of New Jersey, while the limit for drinking and driving is 0.08.

Portella said that Higgins is “a loving father and a good person” who “made a horrible decision that night.”

Higgins was indicted on two counts of aggravated manslaughter and vehicular homicide in December, as well as charges related to evidence tampering and abandoning the scene of the accident. Higgins reappeared on Tuesday for Superior Court Judge Michael Silvanio to set deadlines for filing pre-trial motions.

Higgins’ defense argued that the 35-year plea offer that Higgins previously turned down was notably higher than in other cases and alleged that this was due to the Gaudreau family’s celebrity. The state’s plea would see Higgins serve two consecutive 15-year sentences, required to serve 85% of the time before becoming eligible for parole.

Higgins’ next court date is scheduled for March 26.