A defense attorney for the man accused of killing NHL star Johnny Gaudreau and his brother Matthew claims new results show his client was under the legal limit.
According to the New York Post, the legal team for Sean Higgins, 45, is seeking a full dismissal of the current charges following a review of the toxicology data.
Ex-NHL player Gaudreau and his brother, Matthew, died in August 2024 when they were struck by an SUV, allegedly driven by Higgins, while riding bicycles near their hometown in New Jersey on the eve of their sister Katie’s wedding.
State troopers, Mark Allonardo and Adam Crespo, later testified that they could detect the smell of alcohol on Higgins’ breath after arresting the 45-year-old. Higgins also allegedly claimed: ‘I’ve been drinking beers, but I haven’t had one in like two hours.’
However, according to Higgins’ lawyers, his blood alcohol concentration level was actually below the legal limit when he collided with the NHL star and his brother.
The motion was introduced Tuesday during a virtual hearing before Salem County Superior Court Judge Michael Silvanio, marking a major shift in the ongoing trial.
NHL star Johnny Gaudreau and brother Matthew were killed after being struck while cycling
Bodycam footage showed the moment that Sean Higgins was arrested back in 2024
During the hearing, defense attorney Richard Klineburger revealed the development to the court following their expert’s findings.
‘It seems that it was plasma that was tested, not whole blood,’ Klineburger revealed. ‘Based upon our expert report, that brings the actual BAC reading down to .075’.
Previously, prosecutors had claimed that Higgins’ BAC reading was .087.
Klineburger later suggested that the previous reading ‘taints’ the indictment and said that alleged discrepancy could have ‘impacted the grand jury’ over their decision.
Prosecutor Michael Mestern said that he will now run the findings by his own team of experts. Should they find Higgins’ new claims to be true, then prosecutors will be able to try and get a new indictment against Higgins.
Higgins, 45, is expected to back in court on April 14th. Mestern will, likely, reveal whether his own team of experts agreed with the new BAC findings.
Back in November, Higgins’s attorneys were unsuccessful in their attempts to toss their client’s damning statements at the scene of the 2024 crash, according to NJ.com. They had argued Higgins wasn’t read his rights and had requested the presence of an attorney before speaking to officers in Salem County, New Jersey.
However, Judge Michael Silvanio ruled police weren’t obligated to read Higgins his rights at the scene as they were quickly trying to gather facts in the immediate aftermath of the crash along a country road in southern New Jersey.
Furthermore, as reported by NJ.com, Salem County prosecutors insisted Higgins was read his rights after failing a sobriety test at the scene and later again at the police station, but nonetheless continued speaking to officers even after they asked if he wanted to wait for an attorney.
Johnny and Matthew were knocked off their bikes the night before their sister’s wedding
Higgins claimed he was attempting to pass a slower car, but the driver moved into the oncoming traffic lane, forcing him back into the original lane, where he then hit the cyclists
As previously reported by the New York Post, New Jersey police alleged that a ‘frantic’ Higgins admitted to hitting the pair shortly before his arrest. He was later charged with two counts of reckless vehicular homicide and aggravated manslaughter.
New Jersey State Police sergeant Kenenth Flanegan testified that Higgins told him, ‘I hit them,’ at the scene.
In a clip from the cops’ bodycam footage, Higgins is heard asking trooper Zachary Harding: ‘Is anybody dead back there?’
Higgins claimed he was attempting to pass a slower car, but the driver moved into the oncoming traffic lane, forcing him back into the original lane, where he then hit the two cyclists.
The defendant previously rejected a 35-year-sentence plea deal and pleaded not guilty to his charges of reckless vehicular homicide and aggravated manslaughter. He faces up to 70 years in prison if found guilty on all counts.
Meanwhile, on Sunday, after winning gold and engraving their names into the history of American sports, the USA men’s hockey team paid a heartfelt tribute to their late teammate Gaudreau.
The USA team had Gaudreau’s No. 13 jersey hanging in their locker room throughout the tournament in Italy and after their 2-1 overtime win against Canada on Sunday, Dylan Larkin and Matthew Tkachuk carried it around the ice.
It was an emotional moment but the team went further, inviting the oldest two of Johnny and Meredith Gaudreau’s three children to join the team in the celebrations.
The USA hockey team remember the late Johnny Gaudreau after winning Olympic gold
Dylan Larkin and Zach Werenski carry Gaudreai’s young children onto the ice after their win
Larkin and Werenski brought three-year-old Noa and two-year-old Johnny Jr. on the ice for the team photo, which also had Gaudreau’s jersey in it.
‘It meant everything,’ said Werenski, who assisted on Jack Hughes’ golden goal in overtime. ‘This is something John would have been at.
‘And to see his family here supporting us and seeing his kids, bringing them on the ice, we talked about playing for him, making him proud and I think we did that.
‘Super special to see them and to have his kids on the ice, he was a huge part of USA hockey.’
More to follow…