Judge declines to drop charges in NJ crash that killed NHL star Johnny Gaudreau, his brother Matthew

SALEM, N.J. -- A New Jersey judge has denied another attempt to dismiss charges against the driver accused of killing NHL star Johnny Gaudreau and his brother, Matthew.

Superior Court Judge Michael Silvanio made the ruling Monday during a pretrial hearing.

Attorneys for Sean Higgins sought to dismiss several charges, arguing issues with how Higgins' blood alcohol level was tested and presented to the grand jury.

The defense said blood samples used to determine Higgins' blood alcohol content were improperly handled and that the method used to calculate the .087% result was not clearly or transparently explained to the grand jury.

Prosecutors allege Higgins was driving above the legal limit when he struck the Gaudreau brothers as they rode their bicycles in August 2024.

According to court documents, Higgins' blood was drawn at a hospital, where his BAC was measured at 0.087%, just above New Jersey's legal limit of 0.08%.

Defense attorneys argued that the blood sample was not properly handled or documented and that differences between serum and whole-blood testing methods may have affected the result.

"The argument is the connection between the fact that something went wrong, something was improper with either the handling or the drawing of this blood that caused the clotting, and when it went to the forensic lab and there was an extra step the state is now claiming was taken, there's no way we can tie that back to which sample was utilized," said defense attorney Richard Klineburger.

Assistant Prosecutor Michael Mestern countered that the evidence was accurately presented to the grand jury.

"There is credible evidence to support the claim that there was a BAC level of .087%. That was presented to the grand jury. There was no half-truths, there was no misleading or misdirection," said assistant prosecutor Michael Mestern.

Ultimately, Judge Silvanio did not toss out the indictment, saying the prosecution did not intentionally mislead the grand jury when presenting the evidence.

The next pretrial court date is scheduled for June 16.

Last year, the defense unsuccessfully tried to have other charges in the case dismissed.

Authorities allege Higgins was impaired after drinking beers the night he drove into the brothers' bicycles, and that he has a history of road rage and aggressive driving.

A driver who was in front of Higgins told police he had been driving aggressively. When she and the vehicle ahead of her slowed down and moved left to go around the cyclists, Higgins sped up and veered right, striking the Gaudreaus, she said.

"I've been drinking beers," Higgins told police before performing field sobriety tests. In body camera video release in 2024, Higgins stated he had about "five or six" beers starting around noon on the day of the crash.

"I haven't had one in like two hours," he can be heard saying to troopers on the side of the road.

Higgins is charged with two counts each of reckless vehicular homicide, aggravated manslaughter, evidence tampering and leaving the scene of a fatal accident. If convicted on all counts, he faces up to 70 years in prison.

Last January, Higgins rejected a deal that would have seen him spend 35 years in prison.