The New Jersey driver accused of drunkenly killing beloved NHL star Johnny Gaudreau and his brother claims prosecutors used a “half-truth” to “mislead” the grand jury about his blood-alcohol content, court documents show.
Lawyers for 45-year-old Sean Higgins said in court papers released Tuesday that the Salem County Prosecutor’s Office “materially misled on critical scientific evidence” by submitting an incomplete blood alcohol content test to a grand jury.
“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,” the documents read.
“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.”
Higgins fatally struck Johnny, 31, and his brother Matthew, 29 — both married fathers — as they were biking through Oldsmans Township the night before their sister was to be married in August 2024.
A car had slowed down as it drove by the siblings, and when Higgins tried to pass that vehicle, he struck and killed the brothers.
He allegedly admitted to downing five or six drinks on the day of the accident.
But he first challenged prosecutors’ claims that he was drunk in February, saying the .087 BAC that authorities alleged he blew after the fatal accident was based only on a partial blood test involving his plasma.
He claimed a full test of his blood would have placed him at .075 — below the .08 legal limit.
His defense team said the incomplete blood test landed him with a bad indictment.
Higgins’ team doubled down on those claims in the new court papers, filed last week, demanding his charges for reckless death be tossed out or reduced.
“The State may not present a version of events that appears scientifically definitive while withholding information that fundamentally calls those conclusions into question,” the filing read.
“In vehicular homicide cases, courts have recognized that proof of drivinf while intoxicated may support an inference of recklessness. However, this inference depends upon a valid showing of intoxication.”
Higgins previously tried without success to have his charges thrown out, arguing the brothers had also been drinking and contributed to the accident.
Higgins faces 70 years in prison if convicted. He due in court next May 11.
The Salem County Prosecutor’s Office declined to comment on Higgins’ filing.
