Driver accused of killing Gaudreau brothers in crash turns down plea deal

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The driver accused of killing NHL star Johnny Gaudreau and his brother Matthew in an alleged 2024 drunk-driving crash in New Jersey turned down a plea deal on Monday.

During his final pretrial hearing, the lawyers for Sean Higgins, 45, conceded in court that his client was driving just over the legal alcohol limit at the time, but argued that Higgins’ blood-alcohol content was not properly tested by investigators.

Higgins was charged with two counts each of reckless vehicular homicide, aggravated manslaughter, evidence tampering and leaving the scene of a fatal accident after his SUV allegedly crashed into the Gaudreau brothers as they were on a nighttime bike ride a day before their sister’s wedding in Oldsman Township, N.J., on Aug. 29, 2024.

Just before to the hearing, new photos were released in a court filing showing two damaged bicycles and a smashed black SUV involved in the fatal crash.

Trial expected to begin in January

Higgins’ lawyers had previously claimed that his blood-alcohol content at the time of the crash was 0.075, which was below the state’s legal limit of 0.08 and below prosecutors’ assertion of 0.087. They argued that investigators had improperly conducted his blood-alcohol concentration test by only testing his blood plasma instead of whole blood.

However, on Monday, Higgins’ lawyer Richard Klineburger told the court that the defence’s own test of Higgins’ blood alcohol was actually 0.08, which was still lower than what the prosecution said it was.

During the hearing, Higgins rejected a plea deal offered by prosecutors, which would see the army veteran plead guilty to two counts of aggravated manslaughter and one count of a first DUI offence for a 28-year sentence.

Accused faces 90-plus years if convicted

Salem County Judge Michael Silvanio told Higgins in court that he faces a maximum sentence of 91 1/2 years — with parole eligibility after 68 years — if he’s convicted at trial on the current charges against him.

Higgins’ lawyer had also argued that the victims’ blood-alcohol levels were also over the legal limit and that both Gaudreau brothers were riding without required bike lights and along a dark stretch of road.

The judge set jury selection for the first two weeks of December with the trial set to begin on Jan. 4.

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