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Prosecutors respond to assertions that the driver wasn’t intoxicated when the NHL star and his brother were struck.

Prosecutors respond to assertions that the driver wasn't intoxicated when the NHL star and his brother were struck.

Prosecutors Challenge Defense in Johnny Gaudreau Case

Prosecutors are countering arguments from a New Jersey man, who is accused of striking NHL star Johnny Gaudreau and his brother, suggesting he wasn’t intoxicated. They assert that there is ample other evidence against him.

Sean Higgins, 44, faces charges of reckless vehicular homicide and aggravated manslaughter for his actions during an August 2024 hit-and-run incident. Prosecutor Michael Mestern stated in recently released documents that Higgins displayed “extreme indifference to human life.”

Higgins is seeking to have the case dismissed, claiming that expert evaluations indicate his blood alcohol level was 0.075, which is below the legal threshold of 0.08. Prosecutors, however, contend that he consumed enough alcohol to register a BAC of 0.087 on the night of the incident.

“The state intends to refute that opinion,” Mestern noted, describing the defense’s claims as merely one chemist’s view that undermines the reliability of the state’s evidence.

Beyond Higgins’ claimed BAC, Mestern pointed out that there are various other pieces of evidence that will reflect the defendant’s reckless behavior on that day—evidence that showcases his severe disregard for human life.

Mestern alleged that Higgins did not stop to aid the hockey brothers, Johnny, 31, and Matthew, 29, after running them over with his SUV.

Additional evidence includes testimony that officers detected the smell of alcohol from Higgins, his failure on a field sobriety test, and his admission of consuming five or six drinks and reckless driving.

Mestern urged the judge to dismiss Higgins’ request to have the case thrown out, which was based on claims that the grand jury was given misleading information and “half-truths,” as stated by Higgins’ lawyers in a filing earlier this month.

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