Attorneys for driver accused of killing Gaudreau brothers seek to dismiss charges
Attorneys for the person accused of killing NHL star Johnny Gaudreau and his brother, Matthew, in a 2024 automotive crash made one other bid this week to have charges in opposition to their shopper dismissed.
Sean M. Higgins, 45, was indicted in December 2024 on two counts of first-degree aggravated manslaughter, two counts of second-degree reckless vehicular murder, one depend of tampering with bodily proof (fourth-degree) and leaving the scene of a deadly accident (second-degree). On Monday, Higgins’ attorneys filed a discover of movement in Salem County (NJ) Superior Court to dismiss these charges “based on a failure to present proper evidence” of Higgins’ blood alcohol focus to the grand jury.
The Gaudreau brothers have been struck and killed whereas driving bicycles close to their childhood residence in New Jersey on Aug. 29, 2024, the eve of their sister’s wedding ceremony.
The courtroom has heard Higgins’ blood alcohol stage was 0.087 % on the evening of the crash, which is above the authorized restrict for driving. Higgins has additionally admitted to drinking while driving and failed a discipline sobriety take a look at.
At a listening to on Tuesday, protection lawyer Richard F. Klineburger argued that as a result of the blood alcohol testing was completed on Higgins’ plasma, not his blood, it resulted in the next BAC stage. The protection additionally stated that, in accordance to an knowledgeable’s evaluation, Higgins’ BAC was truly 0.075 %, which is beneath the authorized restrict for driving.
“The grand jury heard the reading was 0.087,” Klineburger stated, “when the actual reading is 0.075. We don’t know how much that impacted the jury when it came to other aspects of the case.”
Klineburger stated the protection crew filed the movement to dismiss all charges as to “err on the side of caution,” however acknowledged the brand new proof based mostly on the knowledgeable evaluation “might not apply” to all charges.
Since his first listening to, Higgins’ attorneys have filed a string of motions to dismiss charges and bar proof in opposition to their shopper from trial as half of a zealous protection. A earlier movement to dismiss charges in opposition to Higgins was denied by Superior Court Judge Michael J. Silvanio in April. Higgins’ subsequent courtroom date is scheduled for April 14.
Assistant Prosecutor Michael Mestern stated he’d want to evaluation the whole protection movement and seek the advice of with the state’s personal knowledgeable on how the blood testing was completed earlier than making any selections on taking the case again to the grand jury.
During Tuesday’s listening to, Higgins’ attorneys additionally revealed they’ve offered a counter to a plea supply their shopper had beforehand been provided by prosecutors. In January 2024, Higgins rejected a suggestion that will see him spend 35 years in jail in return for a responsible plea.
The particulars of the protection’s counter weren’t disclosed on the report on Tuesday.
Johnny, a star winger for the Columbus Blue Jackets identified to followers as “Johnny Hockey,” was 31 on the time of the deadly crash. Matthew, who reached the second-tier AHL as a participant earlier than pivoting to teaching, was 29.
Tuesday’s listening to got here simply two days after the US males’s hockey crew honored the Gaudreau brothers after their 2-1 time beyond regulation win in opposition to Canada within the Olympic gold medal recreation. Former teammates carried Johnny’s No. 13 jersey across the rink, then introduced two of his kids, Noa and Johnny Jr., onto the ice for a team picture.
“Johnny and Matty should be here, and that is still the biggest loss that all of us, USA Hockey, their family, our family, has gone through, and to have Johnny Jr. and Noa out there, it just felt right,” US ahead Dylan Larkin stated. “Johnny’s family first.”
Said captain Auston Matthews, “He was with us in spirit the entire tournament.”
