Attorneys for Sean M. Higgins, the man accused of killing hockey stars Johnny and Matthew Gaudreau, are attempting to have at least some of the charges against him dropped.
On Monday, February 23, Higgins’ lawyers filed a notice of motion to dismiss the charges “based on a failure to present proper evidence,” according to The Athletic.
In December 2024, Higgins was indicted on two counts of first-degree aggravated manslaughter, two counts of second-degree reckless vehicular homicide, one count of tampering with physical evidence (fourth-degree) and leaving the scene of a fatal accident (second-degree).
Higgins, 45, allegedly struck and killed Johnny, 31, and Matthew, 29, while the brothers were riding bicycles in August 2024, the night before their sister Katie’s wedding.
The motion to dismiss the charges is centered around the collection of Higgins’ blood alcohol concentration.
According to records, Higgins’ blood alcohol level was 0.087 percent on the night of the fatal incident, which is above the legal limit. Higgins admitted to drinking while driving before hitting Johnny and Matthew with his Jeep and also failed a field sobriety test on site.
However, Higgins’ attorneys argued that the blood alcohol testing was done on his plasma, not his blood, which resulted in a higher percentage.
The lawyers cited an expert’s analysis, who determined Higgins’ blood alcohol content was actually 0.075 percent, below the legal limit for driving.
Defense attorney Richard F. Klineburger asked to dismiss the charges to “err on the side of caution” but acknowledged that a dismissal “might not apply” to all of the charges against Higgins.
Assistant prosecutor Michael Mestern said he’d need to review the defense’s motion and meet with the state’s own expert on how exactly the blood testing was done before making any decisions about how the case will proceed.
Higgins’s attorneys also revealed that they have presented a counter to a previous plea offer offered to their client, though specifics were not disclosed.
In January 2025, Higgins turned down an offer that would have seen him spend 35 years in jail if he pleaded guilty.
Higgins’ next court date is scheduled for April 14.
The case update comes on the heels of Johnny being honored by the Team USA men’s hockey team after winning gold at the 2026 Winter Olympics in Italy.
Prior to his death, Johnny was considered shoo-in for the American squad in Italy, the first time in over a decade that NHL players were permitted to play in the Olympics.
After Team USA defeated Team Canada in the gold-medal game on Sunday, February 22, members of the team skated around the rink holding his jersey.
During a celebratory team photo, the team welcomed two of Johnny’s children — daughter Noa, 3, and son Johnny, 2, — onto the ice. Johnny’s wife, Meredith Gaudreau, gave birth to the couple’s third baby, son Carter, after his death in April 2025.
“It meant the world to me,” Meredith said during an appearance on Fox & Friends on Wednesday. “I really am so thankful to these guys for being really great friends, really great teammates. Just to include our kids and honor John the way they do, it’s all I can ask for right now. I think John would be very flattered, very humbled. It’s just really, really heartwarming that they show him that much respect and continue to do these things. It’s very touching.”
