The man accused of mowing down Johnny Gaudreau and his brother Matthew on their bikes on Aug. 29, 2024, the night before their sister’s wedding, wants all charges against him thrown out.
This comes just days after the American men’s Olympic hockey team won the gold medal in Milan, defeating the Canadian squad in overtime by a score of 2-to 1. Johnny, who played 11 seasons in the NHL with the Calgary Flames and the Columbus Blue Jackets, would have been on that Olympic team.
He was honoured by the US team during their post gold medal-win celebrations and his family was invited to Milan to watch the US semi-final game against Slovakia.
The accused, Sean Higgins, claimed on Tuesday, through his lawyer, their expert determined Higgins’ blood alcohol content (BAC) was .075 on that day, which is below the legal limit of .08.
Higgins has admitted he was drinking that day, telling the police he had five or six drinks, but claims he wasn’t drunk when he fatally struck the Gaudreau brothers and is demanding all charges against him to be dismissed and prosecutors to get a new indictment from a grand jury.
Higgins lost a prior bid to get the charges against him reduced or dropped on the grounds the Gaudreau brothers were drunker than he was, contributing to the accident.
The New York Post reports that at Tuesday’s hearing, held over video, defence attorney Richard Klineburger informed Salem County Superior Court Judge Michael Silvanio of the new development following his expert’s findings.
“It seems that it was plasma that was tested, not whole blood,” Klineburger told Silvanio. “Based upon our expert's report, that brings the actual BAC reading down to .075.”
Prosecutors claimed Higgins’ BAC was .087, reports The Post.
The alleged discrepancy may have “impacted the grand jury” said Klineburger on its decision to indict Higgins on all the counts in the case, including first-degree aggravated manslaughter, reckless vehicular homicide, leaving the scene of a fatal accident and tampering with physical evidence.
Klineburger said the finding taints the indictment.
Prosecutor Michael Mestern indicated he would need time to run the findings of the defence’s expert by his own experts and investigators.
Silvanio said if prosecutors ultimately agreed with Higgins’ new claims, then Mestern would be allowed to try getting a new indictment against Higgins, who is facing up to 70 years in prison if convicted on all counts.
Klineburger also revealed that he turned over a counter plea offer in response to the prosecutors’ prior deal of 35 years behind bars, reports The Post, adding the judge encouraged both sides to engage in talks and said he’d help facilitate that if needed.
Higgins and his legal team are due back in court on April 14, at which time prosecutor Mestern is expected to reveal whether his office agrees with the new BAC findings and where things stand with plea negotiations.