SALEM COUNTY (Azat TV) – The murder case against Sean Higgins, accused in the fatal crash that killed beloved hockey star Johnny Gaudreau and his brother Matthew, has been thrown into disarray after new test results suggested Higgins’ blood alcohol content (BAC) was below the legal limit at the time of the incident. This critical development, revealed during a court hearing on Tuesday, February 24, 2026, could lead to the dismissal of the current indictment, introducing significant uncertainty into the high-profile legal proceedings.
Defense attorney Richard Klineburger informed Salem County Superior Court Judge Michael Silvanio that an expert’s report indicated Higgins’ actual BAC was 0.075, not the 0.087 initially claimed by prosecutors. The discrepancy, Klineburger explained, stems from the fact that plasma, rather than whole blood, was tested. New Jersey’s legal limit for intoxication is 0.08. This revelation challenges a key component of the prosecution’s case, which hinges on allegations of Higgins being intoxicated.
New BAC Evidence Challenges Indictment
The defense is now seeking to have the entire indictment dismissed, arguing that the alleged discrepancy in BAC levels may have ‘impacted the grand jury’ in its decision to indict Higgins on multiple serious charges. Judge Silvanio acknowledged the potential implications of the new findings, stating that if prosecutors ultimately concede the defense’s claims, they would be allowed to seek a new indictment against Higgins.
Prosecutor Michael Mestern requested time to review the defense expert’s report with his own investigators and experts before responding to the challenge. The legal maneuver comes just days after the 2026 Winter Olympics, where the U.S. men’s hockey team, which Gaudreau would have joined, clinched a gold medal and honored the late player in their post-win celebrations, inviting his family to attend the semifinals.
The Fatal Crash and Legal Battle for Johnny Gaudreau
The tragic incident occurred on August 29, 2024, in Oldsmans Township, New Jersey. Johnny Gaudreau, an NHL star who played for 11 seasons, and his brother Matthew, both married fathers, were riding their bikes single-file on a road shoulder when Higgins allegedly struck them. According to police reports, Higgins passed another car that had slowed down for the cyclists before hitting the brothers. He then pulled over about a quarter-mile down the road, where officers found him. Higgins allegedly told police he had consumed ‘five or six’ beers that day, starting around noon.
Higgins faces a formidable array of charges, including two counts each of first-degree aggravated manslaughter, reckless vehicular homicide, leaving the scene of a fatal accident, and tampering with physical evidence. If convicted on all counts, he could face up to 70 years in prison. This is not the first time Higgins’ defense has attempted to challenge the case; last year, a bid to reduce or drop charges based on claims that the Gaudreau brothers were more intoxicated than Higgins was unsuccessful.
What’s Next in the Gaudreau Case
In addition to the challenge to the indictment, the defense also revealed that it had submitted a counter plea offer in response to the prosecution’s prior deal of 35 years behind bars. Judge Silvanio encouraged both sides to engage in further talks and offered to facilitate negotiations if necessary. A pretrial hearing for the case is currently scheduled for April 14, 2026, where further developments regarding the new evidence and potential plea agreements are expected.
The emergence of new forensic evidence in the Johnny Gaudreau murder case underscores the profound impact of scientific accuracy on legal proceedings, potentially reshaping the trajectory of a case that has already garnered significant national attention due to the high-profile nature of the victim and the tragic circumstances of his death.