The New Jersey driver charged in the deaths of NHL star Johnny Gaudreau and his brother Matthew has dropped his defense’s earlier claim that his blood-alcohol level was below the legal limit, conceding on Monday that he was in fact over it at the time of the fatal crash.
Sean Higgins, 45, is accused of striking and killing the Gaudreau brothers with his SUV as they rode bicycles along a road in Oldmans Township, Salem County, on August 29, 2024. The brothers, both married fathers, were on their way back from their sister’s wedding rehearsal dinner when they were hit. Johnny Gaudreau was 31; Matthew Gaudreau was 29.
Higgins’ defense team had previously argued that his blood-alcohol content was .075, just under the legal limit of .08, and claimed investigators had erred by testing only blood plasma rather than whole blood. Prosecutors had put the figure at .087.
On Monday, Higgins’ attorney, Richard Klineburger, acknowledged the revised result put his client over the limit, though still slightly below the prosecution’s number.
“It did come back, based upon the non-tainted tube, it came back as a .08, as opposed to .087,” Klineburger said.
Despite the concession, Higgins turned down a final plea offer from prosecutors that would have had him plead guilty to two counts of aggravated manslaughter and one count of first-offense DWI in exchange for a 28-year prison sentence. That deal would have significantly reduced a potential sentence of nearly 100 years.
Salem County Judge Michael Silvanio told Higgins, an Army veteran, that if convicted at trial he would face up to 91.5 years in prison and would not be eligible for parole until after serving 68 years. Silvanio questioned Higgins to confirm he understood the consequences of rejecting the plea. Higgins answered, “Yes, sir.”
Higgins faces charges including reckless vehicular homicide and aggravated manslaughter. New photos and maps of the crash scene released Monday have raised questions about whether his driving was reckless at the time of the collision.
Jury selection in the case is scheduled to begin December 1, with trial set to start January 4.
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