Defense Disputes Blood Alcohol Level in Gaudreau Case
The individual accused of fatally attacking NHL player Johnny Gaudreau and his brother Matthew is seeking to have his murder charges dismissed. This follows a lawyer’s assertion that evidence shows the defendant’s blood alcohol level was under the legal threshold.
On Tuesday, Sean Higgins’ attorney, Richard Kleinberger, presented a case in court, stating, “Experts have found that Higgins’ blood alcohol concentration (BAC) was 0.075, which is below the legal limit of 0.08.” He has requested that all charges against Higgins be dropped and called for prosecutors to pursue a new grand jury indictment.
During a video hearing, Kleinberger informed Judge Michael Silvanio of Salem County Superior Court about new developments arising from the expert analysis.
“It seems the sample tested was plasma rather than whole blood,” he asserted. “According to our experts, Higgins’ actual BAC would be 0.075.”
Kleinberger also indicated that discrepancies in the allegations might have skewed the grand jury’s decision to indict Higgins on multiple charges, which include first-degree aggravated manslaughter, reckless vehicular homicide, leaving the scene of a fatal accident, and tampering with evidence.
Meanwhile, prosecutors maintain that Higgins’ BAC was measured at 0.087 and mentioned that he admitted to consuming five or six drinks before the incident with Gaudreau and his brother.
Prosecutor Michael Mestern noted that his team would collaborate with experts and investigators to review the BAC results further. The judge remarked that if the evidence supports Higgins’ claims, prosecutors may be permitted to file new charges.
If convicted of the original counts, Higgins could face a sentence of up to 70 years in prison.
In related news, Team USA recently honored Johnny Gaudreau following their gold medal win against Canada at the Winter Olympics.
“The Americans revealed a Team USA jersey featuring Columbus Blue Jackets winger Johnny Gaudreau as they celebrated their third hockey gold medal. Fans cheered as team captains took a victory lap on the ice, proudly displaying Gaudreau’s jersey,” the report noted.
