Johnny Gaudreau Murder Case Update: Accused Killer Claims BAC Was Under Limit In Shock New Twist

A Johnny Gaudreau murder case update took a sharp procedural turn in New Jersey on Tuesday, when lawyers for Sean Higgins asked a judge to throw out the indictment against him after arguing an expert review puts his blood alcohol content below the legal limit.

Higgins is accused of fatally striking NHL player Johnny Gaudreau, 31, and his brother Matthew, 29, as they cycled in Oldmans Township on 29 August 2024, and the new dispute over the BAC number now threatens to reshape how prosecutors present one of the case's central allegations.​

The defence claim is narrow but potentially potent, because it does not deny a fatal crash occurred. It challenges the scientific footing of a figure the state has relied on, and suggests the grand jury may have heard a reading that was higher than it should have been.​

Defence Challenges BAC Evidence

At the remote hearing, defence attorney Richard Klineburger told Salem County Superior Court Judge Michael Silvanio that the prosecution's number came from plasma testing rather than whole blood. 'It seems that it was plasma that was tested, not whole blood,' Klineburger said, adding that, 'Based upon our expert report, that brings the actual BAC reading down to .075.'​

That is just under New Jersey's .08 threshold, and the defence is leaning hard into the decimal places. Prosecutors have said Higgins' BAC was .087. Klineburger argued that the discrepancy could have mattered at the grand jury stage, telling the court it may have 'impacted the grand jury' and urging the judge to dismiss the charges and force prosecutors to seek a fresh indictment.

The state, for its part, did not concede anything in court. Prosecutor Michael Mestern said he needed time to have the defence findings reviewed by his own experts and investigators. Judge Silvanio signalled that if prosecutors ultimately accept the new BAC position, Mestern would be able to seek a new indictment.​

The court also heard that plea discussions remain in play, though neither side is treating them as the main storyline right now. Klineburger told the judge he had turned over a counter offer after prosecutors previously proposed a 35 year sentence.​

What The Court Is Still Hearing

The legal manoeuvring arrives against a backdrop that has kept the Gaudreau name in the public eye beyond the courthouse. Higgins' motion was argued shortly after the end of the 2026 Winter Olympics, where the United States men's hockey team won gold against Canada on Sunday, and players honoured Gaudreau during their celebrations. The family was invited to attend the semi finals in Milan, where the Americans played Slovakia.​

In court, the focus returned to what happened on a South Jersey road in 2024. The Gaudreau brothers were riding their bikes single file on the shoulder when Higgins struck them, according to the account in the report. Another car slowed as it approached the cyclists, but Higgins attempted to pass that vehicle and hit the brothers, the report said.​

After the crash, Higgins pulled over roughly a quarter of a mile down the road, where police found him, according to the same account. He allegedly told officers he had five or six drinks that day.​

More on Higgins Charges

Higgins faces serious charges, including first degree aggravated manslaughter, reckless vehicular homicide, leaving the scene of a fatal accident and tampering with physical evidence, with the report stating the total exposure could reach 70 years in prison if he is convicted on all counts.​

The defence has tried and failed before to narrow the case by arguing the brothers' own drinking contributed to the collision, a bid that did not persuade the court. Now it is returning with a different message, that the state's core intoxication evidence is built on the wrong sample type, and that the grand jury's decision was therefore tainted.

Higgins is due back in court on 14 April, when Mestern is expected to say whether prosecutors accept the defence's revised BAC figure and to update the judge on where plea talks stand.​