The New Jersey driver accused of fatally striking NHL player Johnny Gaudreau and his brother Matthew in a 2022 drunken driving incident is seeking more time before trial. Lawyers for Sean Higgins appeared in court Monday, requesting an additional seven weeks to complete further blood lab testing and to gather more information from an accident-reconstruction expert.
Defense attorney Richard Klineburger told the court that additional information was provided to the accident-reconstruction expert, requiring more time to finalize his report. The defense also stated that further testing is needed on Higgins' blood work from the August 2022 incident. These efforts aim to ensure the accuracy of the state's blood work and that prosecutors have considered all factors in the accident, according to the defense.
Salem County Judge Michael Silvanio has scheduled a new hearing for September 11, when all newly acquired information will be shared between the prosecution and Higgins' legal team. At that time, Higgins will need to decide whether to proceed to a jury trial or pursue a plea agreement with prosecutors.
Higgins' legal team has previously attempted to have the case dismissed, arguing that the prosecution's reported blood-alcohol content of .087 was inaccurate. They contended that the test used an incomplete blood sample or solely plasma, which they claim would have resulted in a BAC below the legal limit of .08. Judge Silvanio rejected this argument in May, stating that a jury is the appropriate body to weigh conflicting evidence, including expert testimony on BAC levels.
However, the judge did allow Higgins' team to request another hearing if new evidence emerges and to call experts on the validity of BAC testing at trial. Higgins faces up to 72 years in prison if convicted.
The incident occurred nearly two years ago when Johnny, 31, and his 29-year-old brother Matthew were riding bicycles on the side of a road in Oldmans Township. They were returning from a rehearsal dinner for their sister's wedding, which was scheduled for the following day. Higgins is accused of striking the brothers while attempting to pass a car. He has pleaded not guilty. Higgins had previously argued that the Gaudreau brothers were more intoxicated than he was at the time of the crash.
Both brothers were married. Matthew and his wife were expecting a child at the time of the accident; their son was born approximately five months after Matthew's death.