Hockey star Johnny Gaudreau and his brother were significantly more drunk than the driver who fatally struck them on their bikes in New Jersey last year, shocking new evidence has revealed.
Sean M. Higgins, 44, of Woodstown, pleaded not guilty earlier this month after he allegedly struck and killed NHL player Johnny Gandreau, 31, and Matthew R. Gaudreau, 29, while intoxicated as they rode their bikes along a rural roadway in Salem County in August.
Weeks after pleading not guilty, Higgins’ attorneys are planning to ask a judge to dismiss his indictment.
In the bombshell new court filing, testing done as part of the investigation revealed Johnny’s blood alcohol concentration to be 0.129 percent and Matthew’s to be 0.134 percent, NJ.com reported.
Both numbers are higher than Higgins’ blood alcohol concentration of 0.087 percent, which is above the legal limit of 0.08 percent.
‘We believe these filings are essential to ensuring that our client’s Constitutional rights are protected and that he is not being treated unfairly based upon the amount of publicity being garnered,’ Higgins’ attorneys, Richard F. Klineburger III and Matthew V. Portella, said in a statement.
Higgins’ lawyers did not claim that the brothers’ blood alcohol levels played a role in the deadly crash. Additionally, the filing did not say that they were breaking the law.
Instead, the motion asks for more information about how the blood alcohol levels for both Higgins and the Gaudreau brothers were collected during the investigation, along with any other records related to the testing conducted on the samples.
New evidence reveals that hockey star Johnny Gaudreau (right) and his brother, Matthew (left), were more drunk than the driver who fatally mowed the pair down while they were riding bikes near their childhood home in New Jersey in August 2024
Defense lawyers for Sean M. Higgins, 44, who pleaded not guilty last month, are now planning to ask a judge to dismiss his indictment
On August 29, Johnny and Matthew were killed while riding bicycles at night near their childhood home in South Jersey on the eve of their sister’s wedding
The new court filing is the first to state that both Johnny and Matthew were drinking alcohol before the crash.
‘There is no legal limit for alcohol on a bike,’ attorney Rachel Kugel, who is not involved in the case but has expertise in driving while intoxicated laws in New Jersey, told NJ.com.
‘It’s a non-motorized vehicle operated by human muscular power, and, therefore, not covered under the DWI laws.’
On August 29, Johnny and Matthew were killed while riding bicycles at night near their childhood home in South Jersey on the eve of their sister’s wedding. They were pronounced dead at the scene.
Authorities say Higgins was impaired after he drank five or six beers on the day he struck the brothers’ bicycles, and that he has a history of road rage and aggressive driving.
A driver in front of Higgins also told police that he had been driving aggressively. When she and another driver slowed down and moved to the left to go around the cyclists, Higgins sped up and veered right before striking the brothers, she said.
Higgins told officers that on the day of his arrest, he had been driving around for two hours while talking to a friend on the phone after having an upsetting conversation with his mother.
Defense lawyer Matthew Portella called Higgins a loving father and a good person who ‘made a horrible decision that night.’
Higgins appeared briefly in court last month, where he entered a formal plea of not guilty to the indictment after turning down a prosecution offer of 35 years in prison
The new court filing revealed Johnny’s alcohol level to be 0.129 percent and Matthew’s to be 0.134 percent – both of which are higher than Higgins’ level of 0.087 percent, which is still above the legal limit of 0.08 percent
The defense argued that the 35-year plea offer Higgins had previously turned down in December was much higher than what has been offered in other cases, citing how it was only offered because of the notoriety of the Gaudreau family
In December, Higgins was indicted on charges that included two counts each of aggravated manslaughter and vehicular homicide, along with evidence tampering and leaving the scene of an accident.
Higgins appeared briefly in court last month, when he entered a formal plea of not guilty to the indictment after turning down a prosecution offer of 35 years in prison.
On Tuesday, Higgins appeared in court yet again for a hearing in which Superior Court Judge Michael Silvanio set deadlines for filing any pre-trial motions, NJ.com reported.
The defense is planning to file a motion attempting to dismiss December’s indictment, arguing that the grand jury was not presented evidence that could have supported Higgins’ innocence.
Additionally, the defense requested records on other plea offers involving reckless vehicular homicide and aggravated manslaughter cases in the county, according to a separate court filing.
The defense argued that the 35-year plea offer Higgins previously turned down was much higher than what has been offered in other cases, citing how it was only offered because of the notoriety of the Gaudreau family.
Under the plea offer from the state, Higgins would have to plead guilty to both aggravated manslaughter charges in return for consecutive 15-year sentences.
Additionally, he would have to serve 85 percent of a 30-year sentence before becoming eligible for parole.
Last month, police released dramatic body-cam footage from the moments after the crash in which Higgins told police ‘I’ve been drinking beers’
A driver in front of Higgins told police that he had been driving aggressively. When she and another driver slowed down and moved to the left to go around the cyclists, Higgins sped up and veered right before striking the brothers, she said
Defense lawyer Matthew Portella has called Higgins a loving father and a good person who ‘made a horrible decision that night’
The offer would require Higgins to plead guilty to leaving the scene of a fatal accident in return for a recommended five-year prison term – making the total length of the sentence 35 years.
Higgins would also be required to pay restitution for replacement costs, including an Apple watch, the bicycles and funeral expenses.
The brothers’ blood alcohol levels were not discussed during Tuesday’s hearing.
Higgins’ defense signaled that they want to file motions to suppress several pieces of evidence from trial.
These include Higgins’ blood alcohol content results and the state’s motor vehicle crash report. Additionally, the defense lawyers wish to bar prosecutors from presenting statements that Higgins made to police after the crash.
Kugel suggested that the defense was most likely mentioning the brothers’ alcohol levels as a way to raise doubt around other possible contributing factors that led to the crash.
Members of the Gaudreau family were present at the hearing but declined to speak to media after the session.
Higgins remained silent throughout the hearing, except for acknowledging some of his own family members as he left the courtroom.
The defense signaled that they want to file motions to suppress several pieces of evidence from trial, including Higgins’ blood alcohol content results and the state’s motor vehicle crash report
In December, Higgins was indicted on charges that included two counts each of aggravated manslaughter and vehicular homicide, along with evidence tampering and leaving the scene of an accident
Attorney Rachel Kugel suggested that the defense was most likely mentioning the brothers’ alcohol levels as a way to raise doubt around other possible contributing factors that led to the crash
After the deadly crash, Higgins’ vehicle had ‘significant damage’ and ultimately became completely inoperable just 1/10 mile down the road, NJ.com reported.
He was arrested at the scene after he failed a field sobriety test. He allegedly told police that his drinking ‘contributed to his impatience and reckless driving’ on that fateful night.
Last month, police released dramatic body-cam footage from the moments after the crash in which Higgins told police ‘I’ve been drinking beers.’
The video, which was provided to Philadelphia’s ABC 6, included footage of a handcuffed Higgins being read his Miranda rights before asking: ‘Is everybody OK back there? What happened?’
Although he remained cooperative with police, Higgins appeared nervous in the video, admitting at several points that he was ‘freaked out.’
He also cautioned officers about a recent knee surgery that could potentially impact his field sobriety tests.
Higgins struggled with some of the instructions and can be heard asking officers to repeat themselves before a frustrated cop told him to ‘turn around and place your hands behind your back’ before handcuffing him.
Apparently confused, Higgins then asked what happened, to which an officer told him that they would talk about it at the station.
Meredith Gaudreau, Johnny’s wife, celebrated the impending arrival of her third child with the late hockey player at the Cambridge Tea House in Columbus on Sunday
Higgins was arrested at the scene after he failed a field sobriety test. He allegedly told police that his drinking ‘contributed to his impatience and reckless driving’ on that fateful night
The brothers, who played together at Boston College, have since been honored in Calgary and Columbus, where Johnny played professionally.
Johnny played 10 full seasons in the NHL and was set to start his third with the Blue Jackets when he and Matthew were killed.
Meredith Gaudreau, Johnny’s wife, celebrated the impending arrival of her third child with the late hockey player at the Cambridge Tea House in Columbus on Sunday.
Higgins, who is a major in the New Jersey Army National Guard and works for a substance abuse treatment network in Pennsylvania, remains behind bars.
