A judge in New Jersey has denied a motion to dismiss charges against the driver accused of killing hockey stars Johnny and Matthew Gaudreau.
Attorneys for Sean M. Higgins, the man charged in connection to the brothers’ untimely deaths, argued parts, if not all, of a grand jury indictment should be dismissed over contention with the collection of blood alcohol evidence.
In February, Higgins’ lawyers filed a notice of motion to dismiss some of the charges against their client “based on a failure to present proper evidence.”
According to records, Higgins’ blood alcohol level was allegedly 0.087 percent — over the legal limit — on the night he fatally struck Johnny, 31, and Matthew, 29, with his Jeep. Higgins reportedly admitted to drinking while driving and, according to authorities, failed an on-site sobriety test.
However, Higgins’ attorneys argued that the blood alcohol testing was done on his plasma, not his blood, which resulted in a higher and inaccurate percentage.
The lawyers consulted an expert’s analysis, who allegedly determined Higgins’ blood alcohol content was actually 0.075 percent, which is below the legal limit.
“The grand jury was never given a fair opportunity to evaluate whether the Defendant’s alcohol level actually satisfied the statutory threshold or supported an inference of recklessness,” Higgins’ defense team said last month. “Instead, it was presented with a scientifically inflated number and a legal framework that magnified its significance. The integrity of the grand jury process requires more.”
The prosecution stood by their evidence at the time, arguing, “It is only one chemist’s opinion attacking the credibility of one piece of the State’s evidence in this matter.”
In addition, the prosecution said Higgins’ blood alcohol level is “but one of many ways the State will establish the defendant’s reckless conduct on the day in question and how it amounted to an extreme indifference to human life.”
Judge Michael Silvanio officially struck down the motion to dismiss the charges on Monday, May 11.
“The evidence presented to the grand jury was adequate,” Silviano said. “There is no basis at this time to ask the state to represent, nor is there any basis to grant the motion to suppress.”
In December 2024, Higgins was indicted on two counts of first-degree aggravated manslaughter, two counts of second-degree reckless vehicular homicide, one count of tampering with physical evidence (fourth-degree) and leaving the scene of a fatal accident (second-degree).
The following month, Higgins turned down an offer that would have seen him spend 35 years in jail if he pleaded guilty.
Higgins is due back in court for a pretrial conference on June 16.
