The New Jersey man accused of causing the crash that killed NHL star Johnny Gaudreau and his brother is now seeking to have the murder case dismissed after his defense team unveiled new blood-alcohol evidence they say undercuts the prosecutions narrative.
According to Breitbart, attorneys for 45-year-old Sean Higgins argued in court on Tuesday that an expert determined Higgins blood alcohol content (BAC) was .075, which is below the legal limit of .08, as reported by the New York Post. Higgins is now asking that all charges be thrown out and that prosecutors be required to seek a fresh grand jury indictment based on the revised findings.
The development emerged during a video hearing before Salem County Superior Court Judge Michael Silvanio, where defense attorney Richard Klineburger outlined the results of his experts analysis. It seems that it was plasma that was tested, not whole blood, Klineburger told the court, adding, Based upon our expert report, that brings the actual BAC reading down to .075.
Klineburger argued that this alleged testing discrepancy may have impacted the grand jury in its decision to indict Higgins on a sweeping list of charges. Those counts include first-degree aggravated manslaughter, reckless vehicular homicide, leaving the scene of a fatal accident, and tampering with physical evidence, all of which could collectively put Higgins behind bars for up to 70 years if a conviction is secured.
Prosecutors, however, maintain that Higgins was over the legal limit, asserting his BAC measured .087 and emphasizing that he admitted to police he had consumed roughly five or six alcoholic drinks before the collision. Prosecutor Michael Mestern told the court his office will review the defenses BAC claims with its own experts and investigators to determine whether the indictment should be revisited.
Judge Silvanio indicated that if the states review ultimately validates the defenses lower BAC figure, prosecutors would be permitted to seek a new indictment from a grand jury. That possibility underscores the high stakes of forensic precision in a case that has already become a flashpoint over due process, prosecutorial discretion, and the presumption of innocence in high-profile tragedies.
The loss of Johnny Gaudreau, a standout winger for the Columbus Blue Jackets, has resonated far beyond the courtroom, particularly after Team USAs emotional tribute at the Winter Olympics. As the Americans celebrated their third-ever hockey gold, they brought out a Team U.S.A. jersey with Columbus Blue Jackets winger Johnny Gaudreaus name on it.
As the fans cheered in the stands at the Games, team captain Auston Matthews, Zach Werenski, and Matthew Tkachuk skated a victory lap around the ice, hoisting Gaudreaus jersey, the earlier report noted, a reminder that behind the legal wrangling lies a familys loss and a nations debate over how justice should be measured.
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