Judge Denies Motion to Dismiss Case Against Sean Higgins Amid BAC Evidence Dispute

Sean Higgins, the man accused of killing NHL star Johnny Gaudreau and his brother Matthew Gaudreau, appeared in a New Jersey courtroom on Monday as his defense team argued that key evidence in the case is flawed. Higgins, 45, faces charges including death by auto, reckless driving, possession of an open container, and consuming alcohol in a motor vehicle. His attorneys contended that the blood alcohol content (BAC) test results were misrepresented to the grand jury, potentially invalidating the prosecution’s case.

The defense argued that Higgins’ blood sample showed signs of clotting, which they claim necessitates treating it as a serum sample rather than whole blood. Attorney Richard Klineburger III stated that serum samples typically yield 16% higher substance concentration levels than whole blood, suggesting that the BAC result reported to the grand jury—0.087—was inaccurate. The defense believes Higgins’ true BAC was closer to 0.075, just below the legal limit of 0.08.

Prosecutor Michael Mestern countered that the lab correctly accounted for the clotting by treating the sample as serum and emphasized that the grand jury process does not require presenting all evidence favorable to the defendant. Judge Michael Silvanio sided with the prosecution, ruling that requiring the state to re-present the case every time new evidence arises would be impractical. He dismissed the motion to throw out the case, stating that the grand jury’s role is not to conduct a mini-trial.

Klineburger indicated plans to file additional motions seeking to suppress what they argue is tainted evidence. Higgins is scheduled to return to court for a pretrial conference on June 16. This high-profile case has drawn significant attention due to the victims’ prominence, with many questioning whether justice will be served in light of the ongoing evidentiary disputes.