The man accused of drunkenly killing NHL star Johnny Gaudreau and his brother Matthew is claiming that prosecutors used an incomplete blood test as a “half-truth” to mislead the grand jury.
According to a report on Thursday by the New York Post, lawyers for Sean M. Higgins filed court papers claiming the Salem County Prosecutor’s Office “materially misled on critical scientific evidence” by using an incomplete test that shouldn’t have met the standards for the grand jury.
“The grand jury was never given a fair opportunity to evaluate whether the Defendant’s alcohol level actually satisfied the statutory threshold or supported an inference of recklessness,” the documents obtained by the outlet read.
“Instead, it was presented with a scientifically inflated number and a legal framework that magnified its significance. The integrity of the grand jury process requires more.”
Higgins struck and killed Johnny and Matthew on Aug. 29, 2024, while the brothers were cycling in Oldmans Township, NJ, the night before their sister’s wedding.
What was Higgins’ alleged blood-alcohol content?
Higgins allegedly admitted to police after the crash that he had drank five or six beers on the day of the crash and a blood test was administered that showed his BAC was .087 – above the legal limit of .08 in New Jersey.
However, Higgins’ attorneys claimed that number was based only a partial blood test involving his plasma and that a full test of his blood would have shown his BAC at .075.
The latest filing now reiterates these earlier claims while seeking to have charges either tossed or reduced.
“The State may not present a version of events that appears scientifically definitive while withholding information that fundamentally calls those conclusions into question,” the filing read.
“In vehicular homicide cases, courts have recognized that proof of driving while intoxicated may support an inference of recklessness. However, this inference depends upon a valid showing of intoxication.”
Has Higgins tried to have charged dropped?
This is the latest motion presented by Higgins to have the charges thrown out. He has previously argued that the brothers also had been drinking and contributed to causing the crash, while also arguing his confession shouldn’t have been admissible and that he was not properly read his Miranda rights that night.
Both motions were shot down in court by New Jersey Superior Court Judge Michael Silvanio.
Silvanio has also previously denied two motions to suppress evidence obtained from Higgins’ vehicle, ruling that proper protocol was followed during the post-crash search.
Higgins has pleaded not guilty to reckless vehicular homicide, aggravated manslaughter and related charges. He faces up to 70 years in prison if convicted on all counts and previously rejected a plea deal with a 35-year sentence. His next court date is scheduled for May 11.
According to the Post, the Salem County Prosecutor’s Office declined to comment on the latest filing and will only respond in court.
What did Higgins confess to police after the crash?
New Jersey State Police Sgt. Kenneth Flanegan testified last year that while en route to the scene of the crash, he said he came across Higgins outside of his car looking “frantic.”
“I hit them. I hit them,” Flanegan said in recounting Higgins’ alleged statements.
Flanegan was the first responder on the scene with paramedics arriving shortly after and confirming “there were no signs of life.”
Body camera footage from officers at the scene also was played in court, including a video in which Higgins explains to New Jersey State Police Trooper Zachary Harding how the crash allegedly occurred. Higgins also said in the clip that he was allegedly forced back into the original lane when he hit the two cyclists after attempting to pass a slow-moving vehicle.
“I passed back over because he was passing (in) this lane. I hit the bikers,” Higgins says in the video.
In another video, while getting his blood drawn at the hospital to test his alcohol level, Higgins says: “My life is over. I just hit people, apparently. I don’t know what the hell I just hit. I hit bikers who were in the middle of the road, in the dark.”
New Jersey State Police Trooper Mark Allonardo testified that at the scene he could “detect an odour of alcoholic beverage from (the) defendant’s breath as I spoke to him.”