The driver accused of killing NHL star Johnny Gaudreau and his brother, Matthew, claimed that he is being unfairly prosecuted and that victims of the deadly crash were more impaired than he was, according to court papers filed Tuesday in New Jersey.
Lawyers for Sean Higgins, 44, made the stunning claim in their request to receive more information about testing protocols employed when investigators measured the blood-alcohol concentrations of him and the victims.
Johnny Gaudreau, 31, who played for the Columbus Blue Jackets and the Calgary Flames, and his brother, Matthew Gaudreau, 29, were fatally struck while they were bicycling at about 8:19 p.m. on Aug. 29 in Oldsman Township, which is just outside Philadelphia and Wilmington, Delaware.
"The State alleges that on or about the time of the incident ... Higgins had a blood alcohol concentration (B.A.C.) of .087 while cyclists John Gaudreau had a B.A.C. of .129 and Matthew Gaudreau had a B.A.C. of .134," according to the motion written by defense lawyers Richard Klineburger and Matthew Portella.
A blood-alcohol concentration of 0.08% is considered impaired in New Jersey, though a motorist "can be convicted of driving while under the influence of intoxicating liquor even when your BAC is below 0.08 percent," according to state guidelines.
The defense also claimed in another filing Tuesday that Salem County prosecutors are overcharging Higgins with reckless vehicular homicide and aggravated manslaughter, which could lead to 35 years behind bars.
They cited the 2021 prosecution of David M. Thomas, who pleaded guilty to second-degree vehicular manslaughter and was sentenced to seven years in prison. Thomas blew a 0.156%, nearly double the minimum to be considered under the influence, Higgins' lawyers said.
Deandra L. Brown Palmer was sentenced to seven years in 2024 after he pleaded guilty to fatally striking a bicyclist while he was driving with a 0.22% BAC, Higgins' lawyers said.
"The State has made an initial plea offer of essentially thirty five years state prison," according to Higgins' defense. "This offer is greatly out of range of other plea offers made in Salem County over the past few years."
Representatives for the Salem County prosecutor could not immediately be reached for comment Wednesday.
