After crash kills Matthew, Johnny Gaudreau brothers, trial of Sean Higgins will proceed; judge denies request to dismiss charges

Salem, New Jersey — A New Jersey judge has denied another attempt to dismiss charges against the driver accused of killing NHL star Johnny Gaudreau and his brother Matthew.

Superior Court Judge Michael Sylvanio issued the ruling Monday during a pretrial hearing.

Sean Higgins’ attorneys sought to have several charges dismissed, discussing issues with how Higgins’ blood alcohol level was tested and presented to the grand jury.

The defense said the blood samples used to determine Higgins’ blood alcohol content were improperly handled and that the method used to calculate the 0.087% result was not clearly or transparently explained to the grand jury.

Prosecutors allege Higgins was driving above the legal limit when he struck the Gaudreau brothers while they were riding their bikes in August 2024.

According to court documents, Higgins’ blood was drawn at the hospital, and his blood concentration was measured at 0.087%, just above New Jersey’s legal limit of 0.08%.

Defense attorneys argued that the blood sample was not properly handled or documented and that differences between serum and whole blood testing methods may have affected the result.

“The argument is the connection between the fact that something went wrong, something improper in either handling or drawing that blood that caused the clotting, and when it went to the forensic lab and there was an additional step that the state now claims was taken, there’s no way we can connect that to the sample that was used,” defense attorney Richard Kleinberger said.

Assistant District Attorney Michael Mestern responded that the evidence was meticulously presented to the grand jury.

“There is credible evidence to support the allegation that the BAC level was 0.087%. That was presented to the grand jury. There were no half-truths, and there was no misdirection or misdirection,” Assistant District Attorney Michael Mestern said.

Ultimately, Judge Sevanio did not dismiss the indictment, saying the prosecution did not intentionally mislead the grand jury when presenting evidence.

The next pre-trial date is scheduled for June 16.

Last year, the defense tried unsuccessfully to dismiss other charges in the case.

Authorities allege Higgins became impaired after drinking beer the night he drove over the brothers’ bikes, and that he had a history of road rage and aggressive driving.

A driver in front of Higgins told police he was driving aggressively. She said that when she and the vehicle in front of her slowed down and moved left to get around the cyclists, Higgins accelerated and swerved to the right, striking Godreus.

“I was drinking beer,” Higgins told police before conducting field sobriety tests. In a body camera video release in 2024, Higgins stated that he had consumed about “five or six” beers starting around noon on the day of the incident.

“I haven’t had one in about two hours,” he can be heard telling soldiers on the side of the road.

Higgins is charged with two counts of reckless vehicular homicide, aggravated manslaughter, tampering with evidence, and leaving the scene of a fatal accident. If convicted of all charges, he faces up to 70 years in prison.

Last January, Higgins rejected a deal that would have required him to spend 35 years in prison.