SALEM, N.J. (Court TV) — Attorneys representing a man accused of killing NHL star Johnny Gaudreau and his brother, Matthew Gaudreau, argue new evidence proves their client wasn’t driving drunk in a motion to dismiss the case.
Sean Higgins appears virtually at a hearing on Feb. 24, 2026. (Court TV)
Sean Higgins is charged with two counts of death by auto, reckless driving, possession of an open container and consuming alcohol in a motor vehicle in the Aug. 29, 2024, crash that killed the brothers. The Gaudreau brothers were on bicycles when they were hit.
Prosecutors said in charging documents that Higgins had a blood-alcohol level of .087 when he crashed, which is above the limit of .08 in New Jersey. At a virtual hearing on Tuesday, Higgins’ attorneys revealed that new testing calls that number into question.
MORE | Judge rejects idea that Gaudreau brothers contributed to deaths by drinking
Richard F. Klineburger III, one of Higgins’ attorneys, said that the correct reading of his blood-alcohol level was .075, below the legal limit. Klineburger told the judge that the entire indictment should be called into question because the grand jury was told an incorrect BAC.
Prosecutors demurred when Judge Michael Silvanio asked whether the case would be re-presented to the grand jury, saying they wanted a chance to read the full motion before responding.
The judge set the next pretrial hearing for April 14.
