SALEM, N.J. (Court TV) — The man accused of killing NHL star Johnny Gaudreau and his brother, Matthew Gaudreau, returned to a New Jersey courtroom on Monday as his attorney argued that key evidence in the case is tainted.
Sean Higgins appeared in court for a motions hearing on May 11, 2026. (Court TV)
Sean Higgins, 45, has pleaded not guilty to charges of death by auto, reckless driving, possession of an open container, and consuming alcohol in a motor vehicle.
Investigators say Higgins was drunk behind the wheel on Aug. 29, 2024, when he tried to pass an SUV on its right side improperly and hit the brothers, who were riding bicycles single-file. After the crash, Higgins allegedly got out of his car and threw several beer cans into a field nearby.
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Troopers on the scene described Higgins’ demeanor as “extremely anxious” and noted “the strong odor of an alcoholic beverage” on his breath, according to filings reviewed by Court TV. When officers asked him how much he’d had to drink, he allegedly responded, “I’ve been drinking beers.” The defendant apparently failed field sobriety tests.
In a motion to dismiss, Higgins’ attorneys said that prosecutors misrepresented evidence when they presented the case to the grand jury and said that the defendant’s blood alcohol content (BAC) was 0.087, above the legal limit of 0.08. Higgins’ attorney, Richard Klineburger III, said that a toxicology worksheet in the case described the blood sample taken from his client as “clotting,” which meant that it needed to be treated as a serum sample rather than whole blood. He explained that serum samples generally have substance concentrations approximately 16% higher than whole blood. Klineburger argued that not only was the number misrepresented to the grand jury, but “something was improper with either the handling or the drawing of the blood that caused the clotting.” Higgins’ defense lawyers previously stated they believed the correct BAC is closer to 0.075.
But prosecutor Michael Mestern said that Higgins’ defense was misreading and mischaracterizing the toxicology report. “The blood appears to be clotted, streaking to the side of tube and not completely in saturation,” Mestern read. “Treated as serum for BAC.” That last line, he emphasized, meant that the lab had already used the correct calculation to account for the clotting.
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“Judge, I’m not asking you to throw this case out for my client to walk free and be not guilty,” Klineburger argued. “I’m asking that the grand jury be presented with the proper evidence. This is not a huge chore on the part of the state.”
Judge Michael Silvanio sided with the state and denied the motion to dismiss. “The grand jury process is not intended to be a mini trial, and the prosecutor’s duty does not extend to presenting all evidence favorable to the defendant,” he said. “Requiring the state to re-present the case every time new evidence is discovered will be impractical and contrary to the purposes of the grand jury proceeding.”
Klineburger said he plans to file additional motions seeking to suppress the evidence.
Higgins is due back in court for a pretrial conference on June 16.
