Beloved hockey star Johnny Gaudreau’s accused drunk driver killer claims he wasn’t drunk when he fatally struck the would-be Workforce USA ahead and his brother — and desires your complete case towards him thrown out.
A lawyer for Sean Higgins — who is accused of fatally mowing down Gaudreau, 31, and his brother Matthew, 29, in New Jersey in 2024 — claimed in court docket Tuesday that their professional decided Higgins’ blood alcohol content material (BAC) was .075, which is under the authorized restrict of .08.
Higgins, the 45-year-old Pilesgrove, NJ man who admitted to ingesting that day, needs all the fees towards him dismissed and prosecutors to get a brand new indictment from a grand jury.
Higgins’ authorized maneuver got here simply two days after the wrap of the 2026 Winter Olympics — which Gaudreau would’ve competed in as a part of the US males’s hockey staff, if not for his premature demise. The squad went on to clinch gold towards Canada on Sunday.
Gaudreau — who performed within the NHL for 11 seasons — was honored by the boys’s staff throughout their post-win celebrations. The late hockey participant’s household was invited to attend the semifinals in Milan to observe the sport between the US and Slovakia.
At Tuesday’s listening to held over video, protection legal professional Richard Klineburger knowledgeable Salem County Superior Courtroom Decide Michael Silvanio of the brand new growth following his professional’s findings.
“Plainly it was plasma that was examined, not entire blood,” Klineburger stated. “Based mostly upon our professional report, that brings the precise BAC studying all the way down to .075.”
Prosecutors claimed Higgins’ BAC was .087.
Klineburger stated the alleged discrepancy might have “impacted the grand jury” on its choice to indict Higgins on all of the counts within the case, together with first-degree aggravated manslaughter, reckless vehicular murder, leaving the scene of a deadly accident and tampering with bodily proof.
He faces as much as 70 years behind bars if convicted on all counts.
“It taints it,” Klineburger stated of the indictment.
Prosecutor Michael Mestern stated he wanted time to run the findings by his personal consultants and investigators.
The choose stated if prosecutors ulitmately conceded Higgins’ new claims, then Mestern can be allowed to attempt to get a brand new indictment towards Higgins.
Klineburger additionally revealed that he turned over counter plea supply in response to prosecutors’ prior deal of 35 years behind bars. The choose inspired either side to have interaction in talks and stated he’d assist facilitate that if wanted.
Higgins is due again in court docket on April 14, when Mestern is anticipated to disclose whether or not his workplace agrees with the brand new BAC findings and the place issues stand with plea negotiations.
Higgins misplaced a previous bid to get the fees towards him lowered or dropped on the grounds the Gaudreau brothers have been drunker then he was, contributing to the accident.
The siblings — each married dads — had been driving their bikes single-file on the shoulder of a street in Oldsmans Township when Higgins struck them on Aug. 29, 2024.
One other automobile slowed down to observe the 2 cyclists however Higgins determined to go that automobile and hit the brothers within the course of. He pulled over 1 / 4 mile down the street the place cops discovered him.
He allegedly instructed officers he had 5 – 6 drinks.
The brothers have been on the town for his or her sister’s marriage ceremony which was scheduled for the next day.
