SOUTH JERSEY (KYW Newsradio) — The attorneys for Sean Higgins, the man accused of driving drunk and fatally striking Johnny and Matthew Gaudreau while they were riding bikes last summer, have filed a motion to dismiss the charges.
According to new court documents, the Gaudreau brothers were both riding under the influence with blood-alcohol levels of about .13, while Higgins’ blood-alcohol level was .087. The state’s legal limit is .08.
Higgins’ attorneys filed the motion to dismiss the case because they say prosecutors failed to present this evidence to a grand jury while seeking an indictment. They also argue that the plea deal offered to Higgins — 35 years in prison — was excessive and not in line with recent offers of less than 10 years in similar cases.
Higgins hit the brothers on Aug. 29, 2024, in Salem County, New Jersey, the night before their sister’s wedding.
Johnny Gaudreau, 31, also known as “Johnny Hockey,” played 10 full seasons in the NHL and was set to start his third with the Columbus Blue Jackets. He played his first eight seasons with the Calgary Flames.
Matthew Gaudreau, 29, was a staple in the hockey community in their hometown of Oldmans Township as a coach. He also played minor league hockey for five years.
Higgins was charged with aggravated manslaughter and vehicular homicide. Another court hearing is scheduled for March 26.