A major development has emerged in the case involving former NHL star Johnny Gaudreau and his younger brother, Matthew Gaudreau, as the New Jersey driver accused in their 2024 fatal crash makes a significant concession ahead of trial.
Sean Higgins, 45, acknowledged through his legal team during a court hearing on October 19 that an independent test of his blood showed an alcohol concentration of 0.08%, placing it at New Jersey’s legal limit for drivers. The admission marks a change from the defense’s earlier position that his level was 0.075%, below the legal threshold.
Despite the development, Higgins rejected a plea agreement that would have resulted in a 28-year prison sentence. He now faces a trial in which prosecutors and defense attorneys are expected to present competing accounts of the events that led to the brothers’ deaths.
The hearing also brought new attention to photographs and diagrams of the crash scene, with the defense challenging aspects of the investigation and questioning where the brothers were riding immediately before the collision.
A Key Change In The Blood Alcohol Dispute
The latest development centers on a question that has been disputed throughout the legal proceedings: Higgins’ blood alcohol concentration at the time of the August 29, 2024, crash.
Prosecutors previously maintained that his blood alcohol concentration was 0.087%, above New Jersey’s legal limit of 0.08%. Higgins’ attorneys had challenged that finding, arguing that the testing process raised questions about the reliability of the original result.
The defense previously maintained that a result of 0.075% placed Higgins below the legal threshold. During Monday’s hearing, however, attorney Richard Klineburger acknowledged that an independent test conducted using another blood sample returned a result of 0.08%.
The defense result was slightly lower than the prosecution’s reported figure, but it no longer supported the earlier claim that Higgins’ alcohol concentration was below the legal limit.
The distinction is significant because the blood test has been one of the issues examined by both sides as they prepare for trial.
Still, the concession does not resolve every question in the case. The prosecution must prove the criminal charges against Higgins, while the defense is continuing to challenge the allegations and aspects of the crash investigation.
Higgins Rejects A 28-Year Plea Agreement
The hearing also marked another important decision for Higgins, who declined a plea agreement offered by prosecutors.
Under the proposed arrangement, he would have pleaded guilty to two counts of aggravated manslaughter and a first-offense driving-while-intoxicated charge in exchange for a total sentence of 28 years in prison.
Higgins chose not to accept the offer.
Salem County Judge Michael Silvanio confirmed that Higgins understood the consequences of rejecting the agreement. The judge warned that a conviction on all the charges could expose him to a maximum sentence of 91.5 years, with parole eligibility only after serving 68 years.
The judge also explained that any guilty plea made after the plea offer had been rejected would be an open plea, meaning there would be no guarantee of a reduced sentence negotiated with prosecutors.
Higgins acknowledged that he understood the explanation.
The decision means the case is moving toward a full trial, where the evidence, witness testimony and competing interpretations of the crash will be examined in court.
For the Gaudreau family, the upcoming proceedings represent another stage in a legal process that has continued since the brothers lost their lives in August 2024.
What Happened To Johnny And Matthew Gaudreau?
The case dates back to August 29, 2024, when Johnny Gaudreau, 31, and Matthew Gaudreau, 29, were riding bicycles in Oldmans Township, New Jersey.
The brothers were returning from their sister Katie’s wedding rehearsal dinner. Her wedding had been scheduled for the following day, making the family gathering a particularly painful part of the circumstances surrounding the tragedy.
Johnny was widely known to hockey fans as “Johnny Hockey.” He had played in the NHL for the Calgary Flames and Columbus Blue Jackets and was preparing for another season with Columbus.
Matthew had also pursued hockey, playing at Boston College before moving into coaching at the high school level.
Authorities allege that Higgins, driving a black Jeep Grand Cherokee, attempted to pass another vehicle and struck the brothers as they rode along the road.
Both men lost their lives at the scene.
Higgins has been charged in connection with the incident and has pleaded not guilty. The allegations against him have not yet been decided by a trial jury.
New Photographs Raise Questions About The Crash Scene
The October 19 hearing also brought renewed attention to photographs of the damaged bicycles and Higgins’ vehicle, along with diagrams prepared as part of the legal proceedings.
The images show extensive damage to the bicycles and the front of the Jeep Grand Cherokee, including a cracked windshield and significant damage to the vehicle’s front end.
The defense has argued that the physical evidence raises questions about the precise location of the collision.
According to the prosecution’s account, the brothers were riding along the shoulder of the road when they were struck. The defense, however, has presented an alternative interpretation, arguing that the brothers were within the roadway rather than on the narrow shoulder immediately before the impact.
A defense expert has questioned whether the available physical evidence can establish the exact point of impact with certainty.
The defense has also argued that the brothers may not have had the required bicycle lights while traveling along a dark stretch of road.
These arguments are part of the defense’s broader effort to challenge the prosecution’s reconstruction of the crash and the allegation that Higgins acted recklessly.
They remain disputed claims, not findings that have been established by a jury. Prosecutors will have the opportunity to present their evidence and respond to the defense’s interpretation during the trial.
The photographs and diagrams could become important as both sides attempt to explain how the collision occurred and what the available evidence can demonstrate.
The Charges Higgins Still Faces
Higgins faces six charges connected to the incident.
They include two counts of first-degree aggravated manslaughter, two counts of second-degree reckless vehicular homicide, tampering with physical evidence and leaving the scene of a fatal accident.
Prosecutors must establish the required elements of each charge beyond a reasonable doubt.
The defense, meanwhile, has questioned both the blood alcohol evidence and aspects of the crash reconstruction. The dispute over the brothers’ location on the road is expected to be another significant issue when the case reaches trial.
The recent admission concerning Higgins’ blood alcohol level changes one part of the dispute, but it does not automatically settle the remaining allegations.
The jury will ultimately be responsible for evaluating the evidence presented by both sides.
When Will The Trial Begin?
Jury selection is scheduled to begin on December 1, 2026, in Salem County, New Jersey.
Opening statements and the presentation of evidence are expected to begin in early January 2027, following a break around the holiday period. The trial is expected to last several weeks.
Prosecutors will present their account of the collision, including the evidence they believe supports the charges against Higgins. The defense is expected to challenge that account and offer its own interpretation of the physical evidence.
The trial will give both sides an opportunity to address the questions that have remained unresolved since the crash.
For the Gaudreau family, the proceedings come more than two years after the loss of two brothers who were husbands, fathers and important members of their community.
Johnny’s career brought him recognition across professional hockey, while Matthew had continued building his own path in the sport through coaching and family life.
Their absence has continued to affect relatives, friends and members of the hockey community.
A Case Approaching Its Next Major Stage
The October 19 hearing brought two important developments: the defense’s acknowledgment of a blood alcohol result at the legal limit and Higgins’ decision to reject a plea agreement that would have carried a 28-year sentence.
At the same time, the newly discussed crash photographs and diagrams show that substantial disagreements remain over how the collision occurred.
The defense is continuing to contest aspects of the prosecution’s case, while prosecutors maintain the charges against Higgins.
With jury selection approaching in December and the trial expected to begin in January 2027, the next phase will focus on the evidence, witness accounts and legal arguments presented in court.
The outcome remains undecided. For now, the case continues toward trial, where a jury will be asked to assess the evidence and determine whether the prosecution has proved its allegations beyond a reasonable doubt.