Prosecutors seek to exclude blood alcohol evidence of NHL player Johnny Gaudreau and his brother in the trial of Sean Higgins, as defense lawyers fight to introduce these potentially crucial details.
At a Glance
- Prosecutors argue the Gaudreau brothers’ blood alcohol levels (0.129% and 0.134%) are irrelevant as they were following road rules when struck
- Sean Higgins faces aggravated manslaughter charges after allegedly driving drunk (BAC 0.087%) and killing the brothers in August
- Defense attorneys claim the BAC results are essential for accident reconstruction analysis
- Higgins rejected a 35-year plea deal, while his attorneys argue he’s being treated more harshly due to the case’s publicity
- Multiple witnesses reportedly told police that Higgins’ “actions and his actions alone” led to the fatal crash
Prosecution Argues Victims’ BAC Levels Irrelevant to Case
New Jersey prosecutors have filed motions to prevent the blood alcohol content (BAC) levels of Johnny and Matthew Gaudreau from being admissible in court during the trial of Sean Higgins. The prosecution maintains that the brothers, who had BAC levels of 0.129% and 0.134% respectively, were obeying traffic laws when they were struck and killed while cycling on a rural Salem County road last August. Despite their intoxication levels being well above the 0.08% legal limit for driving, prosecutors argue this information has no bearing on the case.
“There is no evidence here that would suggest that Matthew and John’s actions contributed to the collision,” prosecutors stated in their legal filing. They further emphasized that no amount of lighting or other safety precautions on the victims’ bicycles could have prevented the crash due to what they describe as Higgins’ reckless driving. Additionally, prosecutors point out there is no legal blood alcohol limit for cyclists in New Jersey.
Defendant’s Actions and Intoxication Level
Sean Higgins, 44, was allegedly driving with a blood alcohol content of 0.087%, just above the legal limit of 0.08%, when the fatal crash occurred. According to court documents, Higgins admitted to drinking five or six beers, including two consumed while driving, before the collision. Following the crash, witnesses reported that he attempted to hide beer cans from his vehicle and initially fled the scene before returning. The brothers were pronounced dead at the scene.
“Multiple witnesses told police that Higgins’ ‘actions and his actions alone’ led to the fatal crash,” Assistant Prosecutor Joseph Mestern wrote in court documents, emphasizing that the defendant was allegedly driving erratically and making illegal passes at the time of the collision.
Defense Strategy and Legal Maneuvering
Higgins’ defense team has taken a different position, arguing that the victims’ BAC levels are relevant and should be admissible in court. They contend this information could be crucial for accident reconstruction analysis or medical testimony. After rejecting a plea deal that would have resulted in a 35-year prison sentence, Higgins’ attorneys have filed motions seeking additional information about BAC testing protocols and comparable plea deals in similar cases.
“We believe these filings are essential to ensuring that our client’s Constitutional rights are protected and that he is not being treated unfairly based upon the amount of publicity being garnered,” stated Richard F. Klineburger III and Matthew V. Portella, Higgins’ attorneys.
Case Background and Legal Implications
The crash occurred on August 29, just one day before the Gaudreau brothers’ sister’s wedding. Johnny Gaudreau was a star player for the NHL’s Columbus Blue Jackets, bringing additional public attention to the case. Higgins now faces multiple serious charges including aggravated manslaughter, vehicular homicide, leaving the scene of a fatal accident, and driving while intoxicated. If convicted on all counts, he could spend decades behind bars.
The defense team has suggested that the prosecution is seeking unusually harsh penalties due to the high-profile nature of the victims. They claim that standard plea offers in similar cases typically range from 10 to 15 years. Meanwhile, Higgins remains jailed pending the outcome of his case, with the court still to rule on the admissibility of various evidence including the brothers’ toxicology reports.
