A defense lawyer representing the man accused of fatally striking NHL player Johnny Gaudreau and his brother Matthew is seeking to have certain charges dismissed, claiming his client was not legally intoxicated at the time of the crash.
During a Tuesday hearing in Salem County Superior Court, defense attorney Richard F. Klineburger told Judge Michael Silvanio that blood alcohol testing procedures were flawed because they analyzed Sean Higgins’ plasma rather than his blood directly, leading to an artificially elevated BAC reading. According to the defense team’s expert analysis, Higgins’ actual blood alcohol content measured 0.075 percent – falling short of the legal driving threshold.
Prosecutors maintain the defendant’s BAC registered 0.087 percent, exceeding the legal limit.
Higgins faces charges in connection with the deaths of Johnny Gaudreau, age 31, and Matthew Gaudreau, age 29, who were struck while cycling near their family’s New Jersey residence in August 2024. The brothers had returned home to attend their sister’s wedding celebration.
The tragedy has gained renewed attention as Johnny Gaudreau was recently in the spotlight during the U.S. hockey team’s Olympic gold medal victory. The Columbus Blue Jackets player would likely have earned a spot on the national squad.
Throughout the Olympic tournament, Team USA honored the memory of both Gaudreau brothers and invited Johnny’s children to join their celebratory team photograph on the ice.
Klineburger stated that what he considers faulty blood testing procedures “impacted the grand jury” during their decision to indict Higgins. The charges include first-degree aggravated manslaughter, reckless vehicular homicide, fleeing the scene of a fatal collision, and evidence tampering.
Should Higgins receive convictions on all charges, he faces a potential sentence of up to 70 years behind bars.
