The trial for the fatal crash involving the late Johnny Gaudreau and his brother Matthew is underway, and court documents show the brothers had higher blood alcohol levels than the drunk driver who killed them.
The documents, which have been obtained by TMZ Sports, were filed by defendant Sean Higgins’ attorneys in a motion on Tuesday in New Jersey.
They show that Johnny’s BAC was at .129 while his brother’s was at .134. Higgins, meanwhile, had a BAC of .087.
Higgins’ lawyers did not suggest that the Gaudreaus’ level of intoxication had anything to do with the accident but were pointing out what they found in an attempt to have requests granted for items related to the way the bloodwork was obtained.
Johnny Gaudreau, a player for the Columbus Blue Jackets at the time of his death, was killed along with his brother Matthew on August 29, 2024. They were riding their bikes on a Jersey roadway when Sean Higgins ran over them.
Higgins is facing multiple charges, including vehicular homicide and aggravated manslaughter. He pleaded not guilty to the charges in early January.
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Sean Higgins Is Seeking A Better Plea Deal After His Part in The Deaths of Johnny Gaudreau and His Brother
The 44-year-old rejected a plea deal from the prosecution, who offered him a 35-year prison sentence in exchange for an admission of guilt.
The driver was indicted by a grand jury on two counts of first-degree aggravated manslaughter, two counts of second-degree vehicular homicide, leaving the scene of an accident, and evidence tampering.
The motion was filed in an effort to get a plea deal that is comparable to deals offered to defendants charged with vehicular homicide and manslaughter.
Higgins’ lawyers have argued that the 35-year deal is harsher than in previous cases simply because of the case’s high-profile nature, given that Gaudreau was in the NHL.
Higgins will appear in court again on March 26.
