The man accused of killing NHL star Johnny Gaudreau and his brother Matthew is asking a judge to dismiss the case, claiming he was not legally drunk at the time of the 2024 crash.
According to the New York Post, Sean Higgins’ defense says a new expert found his blood alcohol concentration was .075 — below the .08 legal limit — disputing prosecutors’ claim that it was .087. His attorney argues the discrepancy may have influenced the grand jury’s indictment and is seeking to have the charges thrown out or re-presented to a new grand jury.
Higgins faces charges including aggravated manslaughter and reckless vehicular homicide, carrying up to 70 years in prison. Prosecutors say they need time to review the new findings. A prior attempt by Higgins to reduce charges — by arguing the Gaudreau brothers were more intoxicated — was denied.
Johnny and Matthew Gaudreau were riding bicycles the night before their sister’s wedding when Higgins allegedly tried to pass another vehicle and struck them. Police said he admitted to having several drinks.
The case resurfaced days after the 2026 Winter Olympics, where Team USA honored Gaudreau, who would have competed had he not been killed.