A drunk driver responsible for the deaths of an NHL player and his brother is attempting to have criminal charges dismissed by arguing that the victims had higher blood alcohol levels than he did.
Sean Higgins, along with his legal team, is seeking to have his indictment dropped for the double fatality resulting from drunk driving. They claim in a new court document that he was less intoxicated than the victims at the time of the accident.
Johnny Gaudreau, an NHL player aged 31, and his brother, Matthew Gaudreau, 29, were cycling in Oldmans Township, New Jersey, on August 29, 2024, when Higgins’ Jeep Grand Cherokee collided with them on County Route 551, according to NBC.
The 44-year-old is facing charges including vehicular homicide, aggravated manslaughter, and related offenses such as tampering with evidence and leaving the accident scene after allegedly striking the brothers and fleeing.
During a pre-trial conference, Higgins’ attorneys requested additional photographic evidence from the prosecution and filed for a report on blood alcohol tests.
The blood alcohol tests were conducted on both the brothers and Higgins following the tragic incident.
Higgins’ legal representatives claim, as reported by NJ.com, that both Johnny, with a blood alcohol level of 0.129 percent, and Matthew, slightly higher at 0.134 percent, were more intoxicated than their client. Higgins’ own blood alcohol content measured at 0.87 percent, just above the legal limit of 0.08 percent, after reportedly consuming six beers.
The defense did not allege that the brothers were violating any laws or that their intoxication was responsible for the crash, but they requested further information on the collection of the blood alcohol readings.
This court filing is the first disclosure that the brothers had been drinking prior to the accident.
Defense attorneys Richard Klineburger III and Matthew Portella emphasized in a statement: “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.”
The incident made headlines because the brothers died the night before their sister’s wedding, and Matthew’s wife, Madeline, was expecting their first child.
Madeline later announced the birth of their son, Tripp Matthew, in December, just months after the accident, according to the NY Post.
Authorities have allegedly identified a pattern of ‘road rage’ behavior in Higgins, with a witness claiming he was driving aggressively, as reported by The Daily Mail.
Defense lawyer Portella described Higgins as a devoted father who made a grievous mistake that night.
Higgins turned down a plea bargain on January 7 that would have resulted in a 35-year sentence, with 85 percent of that time to be served before parole eligibility.
He has pleaded not guilty to the charges and could face over 60 years in prison if convicted.