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Johnny Gaudreau, a cherished figure in the hockey world, tragically lost his life in an accident for which the alleged drunk driver now claims sobriety. The defendant, Sean Higgins, has moved to dismiss the charges, arguing he was not intoxicated when he struck and killed Gaudreau and his brother, Matthew, in New Jersey in 2024.
During a court session on Tuesday, Higgins’ attorney revealed that their expert analysis indicated Higgins’ blood alcohol content was .075, just under the legal threshold of .08. As a result, they are pushing for the charges to be dropped and are asking for a fresh indictment from a grand jury.
This legal action follows closely on the heels of the 2026 Winter Olympics conclusion, where Gaudreau would have been a key player for Team USA. The U.S. men’s hockey team secured a gold medal victory against Canada on Sunday, a triumph that Gaudreau would have been part of if not for his premature passing.
In tribute, the U.S. team celebrated their win by honoring Gaudreau, who had enjoyed a prolific 11-season career in the NHL. His family was invited to witness the semifinals in Milan, where the U.S. faced Slovakia, ensuring a special presence at the games.
At the virtual hearing on Tuesday, defense lawyer Richard Klineburger presented the recent findings to Salem County Superior Court Judge Michael Silvanio, hoping to influence the case’s outcome based on the new evidence.
Gaudreau — who played in the NHL for 11 seasons — was honored by the men’s team during their post-win celebrations. The late hockey player’s family was invited to attend the semifinals in Milan to watch the game between the US and Slovakia.
At Tuesday’s hearing held over video, defense attorney Richard Klineburger informed Salem County Superior Court Judge Michael Silvanio of the new development following his expert’s findings.
“It seems that it was plasma that was tested, not whole blood,” Klineburger said. “Based upon our expert report, that brings the actual BAC reading down to .075.”
Prosecutors claimed Higgins’ BAC was .087.
Klineburger said the alleged discrepancy may have “impacted the grand jury” on its decision to indict Higgins on all the counts in the case, including first-degree aggravated manslaughter, reckless vehicular homicide, leaving the scene of a fatal accident and tampering with physical evidence.
He faces up to 70 years behind bars if convicted on all counts.
“It taints it,” Klineburger said of the indictment.
Prosecutor Michael Mestern said he needed time to run the findings by his own experts and investigators.
The judge said if prosecutors ulitmately conceded Higgins’ new claims, then Mestern would be allowed to try to get a new indictment against Higgins.
Klineburger also revealed that he turned over counter plea offer in response to prosecutors’ prior deal of 35 years behind bars. The judge encouraged both sides to engage in talks and said he’d help facilitate that if needed.
Higgins is due back in court on April 14, when Mestern is expected to reveal whether his office agrees with the new BAC findings and where things stand with plea negotiations.
Higgins lost a prior bid to get the charges against him reduced or dropped on the grounds the Gaudreau brothers were drunker then he was, contributing to the accident.
The siblings — both married dads — had been riding their bikes single-file on the shoulder of a road in Oldsmans Township when Higgins struck them on Aug. 29, 2024.
Another car slowed down to watch the two cyclists but Higgins decided to pass that car and hit the brothers in the process. He pulled over a quarter mile down the road where cops found him.
He allegedly told officers he had five or six drinks.
The brothers were in town for their sister’s wedding which was scheduled for the following day.
