Man accused of killing Gaudreau brothers in drunken driving incident had blood-alcohol level below legal limit, lawyer says
The man accused of killing National Hockey League star Johnny Gaudreau and his brother in a drunken-driving incident in South Jersey had a blood-alcohol content material below the legal restrict, his attorneys mentioned in a court docket submitting looking for to dismiss the fees towards him.
Sean M. Higgins, 45, was arrested in August 2024 after putting Gaudreau and his brother, Matthew, with their automobile in Salem County as they biked residence from their sister’s marriage ceremony rehearsal. They had been to take part as groomsmen the subsequent day in the marriage, which was postponed.
He was making an attempt to go two automobiles on County Road 551 in Oldmans Township when he fatally struck the brothers from behind in his Jeep Grand Cherokee round 8:20 pm, in line with prosecutors.
Police mentioned Higgins’ blood-alcohol content material was 0.087 that night time; The legal threshold for intoxication in New Jersey is 0.08.
A grand jury later indicted Higgins on two counts reckless vehicular murder, two counts of aggravated manslaughter, and associated crimes.
But Higgins’ legal professional, Richard F. Klineburger III, mentioned prosecutors relied on a blood pattern that was not correctly transformed to acquire an correct blood-alcohol content material studying.
Had the pattern been dealt with appropriately, Klineburger mentioned, they might have discovered that Higgins’ blood-alcohol level that night was barely below the legal threshold for intoxication.
By failing to correctly deal with the take a look at, prosecutors withheld exculpatory proof from the grand jury, he mentioned, and as a consequence, the indictment needs to be dismissed.
Klineburger didn’t reply to a request for remark Tuesday. A listening to on the matter is scheduled for May 11.
Salem County prosecutors, for his or her half, say that their case towards Higgins is robust and that Klineburger’s discovering doesn’t alter their conclusion that Higgins had acted recklessly and with an excessive indifference to human life.
In a response to the submitting, Assistant Prosecutor Michael Mestern mentioned his legal crew disagreed with Klineburger’s contentions in regards to the blood-alcohol content material evaluation and had an professional who would refute the suggestion that Higgins’ level was below the legal restrict.
He additionally famous that Higgins’ legal crew didn’t increase its concern in regards to the take a look at end result till greater than a yr after the grand jury continuing, and mentioned prosecutors couldn’t have omitted proof that didn’t exist on the time of their grand jury presentation.
Furthermore, he mentioned, blood-alcohol content material was only one component in a compelling assortment of proof.
Prosecutors cited witnesses who instructed investigators that Higgins was driving recklessly and that the Gaudreau brothers had not been biking in the driving lane earlier than the crash.
Higgins failed subject sobriety assessments after police arrived, prosecutors mentioned, and he admitted to consuming alcohol each earlier than getting into his automobile and through the drive.
And Higgins didn’t cease to render assist after putting the brothers, prosecutors mentioned, bolstering their argument that he had acted recklessly.
The Salem County Prosecutors Office didn’t return a request for remark Tuesday.
The deaths of Johnny, 31, and Matthew, 29, shook the hockey group. Both males performed at Boston College, and Matthew Gaudreau went on to play in the minor leagues and coach youth groups.
Johnny Gaudreau, generally known as “Johnny Hockey” by followers, performed eight seasons in the NHL with the Calgary Flames and two with the Columbus Blue Jackets and was a seven-time All-Star.
