UPDATE: The New York Post has released the following photos from the crime scene released in court earlier today:
Read below for our earlier report on this developing story.
For more than two years, the legal battle surrounding the deaths of NHL star Johnny Gaudreau and his younger brother Matthew has been marked by motions, counterclaims, and a defense team that aggressively challenged nearly every piece of evidence prosecutors put forward. But during a pre-trial hearing on Monday in Salem County, New Jersey, one of the most contested elements of the case took a dramatic turn that few saw coming.
Attorneys for Sean Higgins, the 45-year-old accused of fatally striking the Gaudreau brothers while they rode bicycles in August 2024, shockingly conceded Monday that their client was in fact over the legal alcohol limit at the time of the crash. The admission is a significant reversal for a defense team that had spent months arguing the opposite, previously claiming Higgins' blood-alcohol content was .075, which would have placed him just below the .08 legal threshold.
The defense had long alleged that investigators botched the BAC results by only testing Higgins' blood plasma rather than whole blood, casting doubt on the prosecution's assertion that his BAC was .087. But on Monday, defense attorney Richard Klineburger revealed that an independent test conducted by the defense on a separate, untainted blood sample came back at .08, putting Higgins right at the legal limit.
"It did come back, based upon the non-tainted tube, it came back as a .08, as opposed to .087," Klineburger told the court, still maintaining that the defense's result was slightly lower than what prosecutors had claimed. Regardless, the number places Higgins at or above the legal limit, effectively undermining one of the defense's most prominent arguments heading into trial.
The revelation landed in court on the same day Higgins formally rejected a plea deal that would have significantly reduced his potential prison time. Prosecutors had offered a deal requiring guilty pleas to two counts of aggravated manslaughter and one count of first-offense DWI, carrying a total sentence of 28 years. Under New Jersey law, Higgins would have been required to serve 85 percent of that sentence before becoming eligible for parole. Judge Michael Silvanio disclosed that the defense had countered with a proposal seeking just 11 years, which prosecutors turned down.
This marks the second plea offer Higgins has refused. He previously rejected a deal in 2025 that called for a 35-year sentence. With the plea window now closed, Silvanio informed Higgins that any future guilty plea would be an "open plea" with no guaranteed sentencing terms from the prosecution. If convicted on all six charges he faces, including two counts of first-degree aggravated manslaughter, two counts of second-degree reckless vehicular homicide, evidence tampering, and fleeing the scene of a fatal accident, Higgins could be sentenced to a maximum of 91 and a half years in prison, with parole eligibility not kicking in until he had served 68 years.
The case stems from the tragic events of August 29, 2024, when prosecutors say Higgins attempted to illegally pass another vehicle on County Route 551 in Oldmans Township and struck Johnny and Matthew Gaudreau as they cycled home from their sister's wedding rehearsal dinner. The brothers were pronounced dead at the scene. Johnny, beloved by hockey fans as "Johnny Hockey," was 31 years old and entering his third season with the Columbus Blue Jackets after eight years with the Calgary Flames. Matthew was 29 and had transitioned from playing in the AHL to coaching high school hockey. Both men were married fathers.
Police reportedly found Higgins roughly a quarter-mile from the crash scene with his Jeep Grand Cherokee stalled and heavily damaged. He allegedly told officers he had consumed about a half-dozen beers that day, some while driving. Newly released evidence photos from the scene show the devastating aftermath, including the mangled bicycles the brothers were riding and the crushed front end and cracked windshield of Higgins' SUV.
Despite the BAC concession, the defense is not backing down on other fronts. Klineburger has argued that the Gaudreau brothers contributed to the crash by cycling without required rear safety lights on a dark stretch of road and that both brothers were themselves intoxicated at the time. The defense has also introduced new schematics suggesting the collision occurred at a different spot on the road than what the police report indicated, with a defense expert asserting that physical evidence shows the cyclists were in the travel lane rather than on the shoulder. Judge Silvanio previously rejected the defense's argument that the brothers bore responsibility for their own deaths when he denied a motion to dismiss or reduce charges.
Jury selection is now set to begin December 1 and wrap up by December 11. After a holiday break, the trial will commence on January 4, 2027. Prosecutors estimate they will need three weeks to present their case, while the defense expects to need three to four days. It promises to be one of the most closely watched trials in recent memory, not just in the hockey world but across the sports landscape. For the Gaudreau family, who lost two sons on the eve of what should have been a joyful celebration, the wait for justice continues into a third year.
