Judge Affirms Charges in Gaudreau Deaths Despite BAC Reporting Discrepancy

Charges against Sean M. Higgins, the driver accused of killing NHL player Johnny Gaudreau and his brother, Matthew, in 2024, will stand after a motion to dismiss was denied Monday.

Higgins' attorneys argued that at least some of the grand jury indictment should be dismissed over what they called "misleading" blood alcohol evidence.

Higgins, 45, was indicted in December 2024. The Gaudreau brothers were hit and killed while riding their bicycles in New Jersey on Aug. 29, 2024. Higgins pleaded not guilty in January 2025 after turning down a prosecution offer of 35 years in prison.

According to prosecutors, Higgins' blood alcohol level was above the legal limit for driving at .087 . But in February, the defense said that a review of the toxicology report showed Higgins' BAC was .075, below the legal limit. The difference, the defense said, was that a sample of his blood serum was tested instead of the whole sample, which led to the higher BAC.

Higgins faces two counts of first-degree aggravated manslaughter, the most serious of the six-charge indictment. Each count carries a maximum of 30 years. The defense wanted at least the manslaughter charges dismissed. Aggravated manslaughter requires proof the accused acted with recklessness under circumstances manifesting extreme indifference to human life.

The prosecution responded to the April court filing that Higgins' BAC level was "one of many ways the State will establish the defendant's reckless conduct on the day in question and how it amounted to an extreme indifference to human life."

On Monday, Superior Court Judge Michael Silvanio in Salem County (New Jersey) said there was no basis to dismiss the charges after hearing arguments.

"The evidence presented to the grand jury was adequate," he said. "There is no basis at this time to ask the state to represent, nor is there any basis to grant the motion to suppress."

Higgins' next court appearance, a pretrial conference, is scheduled for June 16.

Information from The Associated Press was included in this report.

_Originally reported by [ESPN](https://www.espn.com/nhl/story/_/id/48749847/motion-dismiss-charges-denied-gaudreau-brothers-deaths)._