Driver accused in crash that killed Gaudreau brothers seeks to have case tossed
· Toronto Sun
The man accused in the drunk driving deaths of NHL star Johnny Gaudreau and his brother Matthew is seeking to have his case thrown out based on new blood-alcohol evidence.
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During a virtual court appearance on Tuesday, Sean Higgins’ lawyer filed a motion to dismiss the charges, pointing to a defence expert’s toxicology report that showed the 45-year-old veteran’s blood-alcohol concentration was .075, which is below the legal limit of .08.
The defence argued that the report showed that Higgins was not legally drunk at the time of the crash.
Lawyer Richard Klineburger told Salem County Superior Court Judge Michael Silvanio that the alleged discrepancy may have “impacted the grand jury” on its decision to indict Higgins on all counts, the New York Post reported.
The prosecution claimed Higgins’ blood-alcohol concentration was .087.
The judge heard arguments from both sides, but no decision was made on the motion Tuesday.
Brothers killed while on a bike ride ahead of sister’s wedding
Higgins is accused of driving drunk and hitting the Gaudreau brothers as they rode their bikes in Oldsman Township, N.J., on Aug. 29, 2024.
The two were home for their sister’s wedding and out on an evening ride when Higgins fatally hit them while trying to pass another vehicle.
He has been charged with two counts each of reckless vehicular homicide, aggravated manslaughter, evidence tampering and leaving the scene of a fatal accident.
Higgins has rejected a plea offer of 35 years and faces up to 70 years in prison if convicted on all counts.
His next court appearance is on April 14.
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Team USA paid tribute to Gaudreau brothers at Olympics
The hearing comes days after the Gaudreau brothers were honoured by the U.S. men’s hockey team after the Americans won the Olympic gold medal at Milan-Cortina 2026.
While celebrating their win Sunday, Team USA players held Johnny Gaudreau’s No. 13 jersey while posing for photos with the late hockey player’s three-year-old daughter, Noa, and two-year-old son, Johnny Jr.