Attorneys for Sean M. Higgins, the man accused of killing Johnny and Matthew Gaudreau in August 2024, claim his case is being impeded by the late hockey players’ fame.
During a court appearance on Tuesday, February 4, Higgins’ lawyers requested records on other plea offers involving reckless vehicular homicide and aggravated manslaughter cases.
In January, Higgins refused a plea deal that would have put him in prison for 35 years if he admitted guilt. His attorneys alleged the prison term was higher than similar cases due to the fame of Johnny, Matthew and the Gaudreau family.
At the time of his death, Johnny was a star for the NHL’s Columbus Blue Jackets. Matthew previously played at Boston College alongside his brother.
The brothers were allegedly struck and killed by Higgins’ Jeep Grand Cherokee while they were riding bicycles in Oldmans Township, New Jersey, on August 29, 2024, the night before their sister Katie’s Gaudreau’s wedding.
Higgins was charged with two counts of first-degree aggravated manslaughter, two counts of second-degree reckless vehicular homicide, a fourth-degree charge of tampering with physical evidence and a second-degree charge of leaving the scene of a fatal accident.
In January, Higgins pleaded not guilty to all charges.
During Tuesday’s hearing — which was attended by Johnny and Matthew’s parents, Guy and Jane, their sisters, Katie and Kristen, and Katie’s fiancé, Devin Joyce — Higgins’ attorneys also presented papers alleging Johnny had a blood-alcohol concentration of 0.129% when he was killed, while Matthew’s concentration was 0.134%.
Both numbers are higher than Higgins’ alleged level of 0.087%, which was above the legal driving limit of 0.08%.
Higgins’ lawyers are not alleging that Johnny and Matthew’s blood-alcohol levels made them responsible for the crash, but rather filed a motion to obtain additional information about how the blood-alcohol levels for the brothers and Higgins were collected.
“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 obtained by NJ.com.
Higgins’ attorneys indicated their desire to dismiss the indictment, which was handed down by a grand jury in December 2024.
They also plan on filing a motion that will prevent some pieces of evidence from making it to trial, including the results from Higgins’ blood-alcohol test.
During the hearing, Superior Court Judge Michael Silvanio set deadlines for the defense to file its motions and for the prosecution to file responses.
Higgins’ next court date is scheduled for March 26.
