A driver from New Jersey, accused of drunkenly hitting and killing NHL players Johnny and Matthew Gaudreau, is working to bolster his defense ahead of trial.
During a court session on Monday, Sean Higgins’ legal team requested an extra seven weeks to conduct further blood tests and gather more information from accident reconstruction specialists.
Defense attorney Richard Kleinberger explained that they needed “additional information provided to accident reconstruction experts” for a thorough analysis, and that more testing on Higgins’ blood following the tragic accident in August 2024 is necessary.
These steps, which have faced some controversy, aim to ensure the state’s blood tests are correct and that all aspects of the incident are taken into account, according to the defense.
Judge Michael Silvagnio from Salem County has scheduled both parties to return for a hearing on September 11, once all new evidence has been reviewed by Higgins’ team and the state.
Co-counsel Matthew Portella mentioned that Higgins will have to decide in the upcoming hearing whether to opt for a jury trial or negotiate a deal with the prosecutors.
This year, Higgins’ lawyers have largely focused on challenging the prosecution’s assertions that the 45-year-old Army veteran had a blood alcohol level of 0.087 at the time of the incident, arguing it may have been inaccurately measured from an incomplete blood sample and that his actual BAC might have been below the legal limit of 0.08.
However, that push was rejected by Judge Silvagnio in May.
The judge stated, “Trial jurors are the ultimate fact-finders and are best placed to weigh conflicting evidence, including expert testimony regarding BAC levels.”
Yet, he also indicated that Higgins’ team could request another hearing if new evidence arises, which may involve experts discussing the reliability of BAC tests.
Higgins’ representatives did not respond to requests for comment.
Nearly two years have passed since Johnny, 31, and Matthew, 29, tragically died in a bicycle accident in Oldmans Township, returning from a rehearsal dinner for their sister’s wedding.
Higgins, who was absent from court on Monday, faces allegations of fatally colliding with Matthew while attempting to overtake a vehicle. He has pleaded not guilty.
Higgins previously sought to dismiss the case, claiming that the Gaudreau brothers were intoxicated to a greater extent than he was during the accident.
At the time of their deaths, both brothers were married, and Matthew’s wife was expecting their child, who was born about five months later.
If convicted, Higgins could face a prison sentence of up to 72 years.
