Sean M. Higgins, the driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew while they biked on a rural road in New Jersey last year, is asking a judge to dismiss his indictment in new court documents that say the brothers were drinking prior to the collision.
Higgins was charged with two counts of death by auto, along with reckless driving, possession of an open container and consuming alcohol in a motor vehicle. In September 2024, it was reported that he had a blood-alcohol level of .087, above the .08 legal limit in New Jersey.
Higgins struck the brothers from behind as they were riding their bikes in Carney’s Point, N.J., on Aug. 29, killing them both in the deadly hit and run. But now Higgins’ lawyers are claiming that the Gaudreaus’ blood alcohol was higher than his in an attempt to get his charges dropped.
According to the new court filing, Higgins’ lawyers say testing done as part of the investigation after the fatal crash showed that Johnny had a blood-alcohol level of 0.129 when he was killed, while his brother Matthew’s reading was 0.134.
According to New Jersey lawyer Rachel Kugel, who spoke during the hearing on Tuesday, there is no legal limit for alcohol consumption for cyclists in the state. They are exempt from the law that governs driving while intoxicated.
“There is no legal limit for alcohol on a bike,” she said. “It’s a non-motorized vehicle operated by human muscular power, and, therefore, not covered under the DWI laws.”
It’s a development hard to hear for members of Calgary’s sports community, who watched Johnny flourish into an NHL star from 2014 to 2022.
“He was at his sisters wedding. Am I surprised he was out having a few drinks with his brother? No,” says Jock Wilson – radio sports show host on 770 CHQR.
“If you’re going to ask me how this affects Johnny’s legacy, it doesn’t affect it at all.”
Higgins’ lawyers did not argue that the Gaudreau brothers’ blood-alcohol levels played any role in the crash and didn’t allege the brothers were breaking the law at the time, according to the report.
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The filing is asking for additional information on how the readings for the blood-alcohol levels were collected for all parties.
“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,” Richard F. Klineburger III and Matthew V. Portella, Higgins’ lawyers, said in a statement.
A prominent Calgary defense lawyer says these admissions may be unpopular in the court of public opinion, but are part of a difficult job.
“I’ve got to put my personal feelings aside and just concentrate on the facts of this case and the potential defenses that are available,” says Balfour Der, who served for the Crown Prosecutor’s office in Calgary before becoming a criminal defense lawyer.
“That’s how it has to be for our criminal justice system to work properly… The defense counsel has to in some respects, remain partial to these outside influences.”
Higgins’ lawyers also issued two other motions on Tuesday, which address his arraignment in January, after turning down a 35-year plea deal and pleading not guilty to two counts each of aggravated manslaughter and vehicular homicide. His lawyers asked for details on similar Salem County plea deals in recent years.
Der acknowledged the pain the continued litigation could inflict on all parties involved, including Johnny’s parents, Gil and Jane, who were present in the courtroom on Tuesday.
“The trial itself could be avoided, that’s the purpose of a plea bargain… There’s a number of reasons to not have a trial. They’re expensive, they take court time, they’re hard on both sides.”
“There’s no common ground if you’re telling the accused to take (35 years) for something that I don’t know there’d ever been another case in New Jersey that got that high (of a sentence).”
The judge Tuesday set deadlines for the defence to file its motions and for the prosecution to file a response. The parties are set to return to court on March 26.
Wilson hopes the process can be over sooner, rather than later, and everyone involved can focus on healing.
“When you look back at this situation I think there’s a lot we can learn from it. Some hard lessons have been learned from this. When it’s all said and done, let’s hope justice is served.”
Higgins faces up to 20 years, a sentence that the judge said made him a flight risk. Higgins reportedly broke into tears after the ruling in September, and cried on and off during the hearing, several outlets reported.
Sean M. Higgins, top, the alleged drunken driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew as they bicycled on a rural road, appears before Judge Michael Silvanio, for his hearing via video from jail, Friday, Sept. 13, 2024, in Woodbury, N.J.
Derik Hamilton / The Associated Press
Higgins told police he had five or six beers that day and admitted to consuming alcohol while driving, according to the criminal complaint. He also failed a field sobriety test, the complaint said. A prosecutor previously said he had been drinking at home after finishing a work call at about 3 p.m., and he also had an upsetting conversation with his mother about a family matter.
He then had a two-hour phone call with a friend while he drove around in his Jeep with an open container, first assistant prosecutor Jonathan Flynn said. He had been driving aggressively behind a sedan going just above the 50 m.p.h. speed limit, sometimes tailgating, the driver told police. She said she slowed down and veered left to avoid hitting the cyclists and Higgins opted to pass her, veering right, which is when he hit the brothers.
Prosecutors also claimed Higgins had a history of aggressive driving and road rage, and pointed to a conversation between the driver and his wife, made shortly after he was booked into jail.
“‘You were probably driving like a nut like I always tell you you do. And you don’t listen to me, instead you just yell at me,’” his wife told Higgins when he called her from jail after his arrest, Flynn said.
Johnny Gaudreau was a fourth-round pick of the Calgary Flames in 2011 and made his NHL debut in 2014 just after playing his final college game. He was named to the league’s all-rookie team during his first full professional season.
He was perennially one of the top players in the sport and in 2021-22 set career highs with 40 goals, 75 assists and 115 points.
That summer, he signed a seven-year contract worth $68.25 million with the Columbus Blue Jackets as the top free agent on the market. He made two more all-star weekend appearances, giving him seven total.
Matthew Gaudreau – who played hockey alongside his famous brother at Boston College – was set to become a first-time dad with his wife, Madeline, in December.
—with files from Motorcycle accident toronto today’ Michelle Butterfield and The Associated Press