The man accused of fatally hitting Johnny and Matthew Gaudreau while intoxicated is asking a second time for reconsideration of at least some charges against him – at the same time he's presented a potential counteroffer for a plea deal to prosecutors.
Attorneys for 45-year-old Sean Higgins told a New Jersey judge on Feb. 24 that an expert's analysis raised questions that need to be addressed. Attorney Richard Klineburger said the blood alcohol testing done on Higgins on the date of the crash tested Higgins' plasma, not his blood, and resulted in a blood alcohol level of 0.075, which is below the legal limit for driving.
The information Klineburger said he received came from an expert employed by Higgins' defense team. Klineburger filed a motion to dismiss the indictment against Higgins, saying at least a couple of the charges should be re-presented to a grand jury.
"This is science, it's not speculative," Klineburger said.
Assistant Salem County Prosecutor Michael Mestern said he needed to consult with the state's expert about how the blood testing was done in August 2024 before making any decision about taking the case back to the grand jury. Mestern said that even if there would be a desire to have the grand jury hear evidence about some charges again, it wouldn't impact all of the charges Higgins faces.
Higgins is charged with involuntary manslaughter, aggravated vehicular homicide and other charges related to the fatal crash on Aug. 29, 2024, in Oldmans Township, New Jersey.
Johnny Gaudreau, 31, and Matthew, 29, died after being struck by a Jeep Grand Cherokee while bicycling along the side of a road. The brothers were in town for their younger sister's wedding, which was scheduled for the next day.
During the Feb. 24 hearing before Superior Court Judge Michael Silvanio, Higgins' attorneys said they have presented a counter to a plea offer Higgins had previously been offered by prosecutors. The details of that proposal were not put on the record in open court.
Higgins rejected an offer in January 2025 that would have netted a 35-year prison sentence. Higgins' next court date will be a pretrial conference on April 14.
The motions and requests by Higgins' attorneys are part of routine efforts for defense lawyers, who are required to provide a zealous defense for their clients.
The Feb. 24 hearing came about 48 hours after members of the Gaudreau family, including the brothers' parents Guy and Jane and Johnny's widow, Meredith, were in Italy to watch the U.S. men's hockey gold medal game.
After the Americans won, Johnny Gaudreau's jersey was skated around the rink and Columbus Blue Jackets teammate Zach Werenski and Detroit Red Wings forward Dylan Larkin brought Johnny's two oldest children, daughter Noa and son Johnny Jr., who was celebrating his second birthday, onto the ice for a photo with the team and the jersey.
What happened in the crash that killed Johnny Gaudreau?
Around 8:20 p.m. on Aug. 29, 2024, the Gaudreau brothers were cycling one in front of the other on a two-lane road.
Court records say Higgins was behind two other vehicles he told police were driving slowly. Higgins passed one of the vehicles on the left. The other vehicle moved to the left to give the Gaudreau brothers room. Higgins cut back to the right and hit the brothers.
Both of the brothers died at the scene from their injuries.
According to evidence presented to Silvanio in hearings held so far during the case, Higgins continued to drive past the crash scene, coming to a stop about a quarter-mile from the crash scene. Higgins told New Jersey State police who responded to the scene he'd had a few beers before and while driving the Jeep.
Prosecutors say Higgins' blood alcohol level tested at 0.087, above the legal limit for driving.
Attorneys had challenged statements Higgins made to police during the first hours of the investigation, asking Silvanio to keep them out of any potential trial. Silvanio denied that request, which Higgins' attorneys then appealed. An appeals court sided with Silvanio in mid-January.
Reporter Bethany Bruner can be reached at bbruner@dispatch.com.
This article originally appeared on The Columbus Dispatch: Driver accused in Johnny Gaudreau death questions blood test results
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