WHAT YOU NEED TO KNOW
  • Sean Higgins’ defense acknowledged that its blood test produced a .08 alcohol result, rather than the previously claimed .075.
  • Higgins rejected a plea offer carrying 28 years in prison and could face a maximum sentence of 91.5 years if convicted.
  • Higgins is accused of fatally striking Johnny Gaudreau and his brother while they cycled in Oldmans Township on Aug. 29, 2024.
  • Jury selection is scheduled for Dec. 1, with the trial set to begin Jan. 4.

Lawyers for the New Jersey driver accused of killing NHL star Johnny Gaudreau and his brother made a striking concession in court Monday, acknowledging that their client was over the legal alcohol limit when the fatal crash occurred, as reported by The New York  Post.

Despite that admission, defendant Sean Higgins, 45, rejected a plea offer that would have sharply reduced his potential prison exposure. Higgins faces a maximum sentence of 91.5 years if he is convicted at trial on the current charges.

The defense had previously maintained that Higgins’ blood alcohol content was .075 at the time of the 2024 crash. That result would have placed him below the legal limit of .08 and below the prosecution’s asserted result of .087.

Higgins’ team had alleged that investigators mishandled the blood alcohol testing process by testing his blood plasma instead of whole blood. The defense later arranged its own test using his blood.

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On Monday, defense lawyer Richard Klineburger acknowledged that the new test produced a result of .08. According to the defense’s concession, that placed Higgins just over the legal limit, although the result remained slightly lower than the figure cited by prosecutors.

“It did come back, based upon the non-tainted tube, it came back as a .08, as opposed to .087,” Klineburger said in court.

The revelation emerged as Higgins, an Army veteran, turned down what prosecutors presented as their final plea offer. The proposed agreement called for him to plead guilty to two counts of aggravated manslaughter and one count of a first DWI offense.

In exchange for those guilty pleas, Higgins would have received a sentence of 28 years behind bars. He instead chose to proceed toward trial while facing the possibility of a far longer term if convicted.

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Salem County Judge Michael Silvanio explained the stakes directly to Higgins during Monday’s proceeding. The judge said the current counts against him include reckless vehicular homicide and aggravated manslaughter.

Silvanio told Higgins that a conviction at trial could bring a maximum sentence of 91.5 years. Under that scenario, Higgins would not become eligible for parole until he had served 68 years.

The judge also warned that the prosecution’s promise of a 28 year sentence would no longer be available after Higgins rejected the deal. If Higgins changes his mind before his Jan. 4 trial begins, any guilty plea would be an open plea with no promise of a lighter sentence from prosecutors.

Silvanio asked Higgins a series of questions to confirm that he understood what rejecting the agreement meant. After several questions from the judge, Higgins responded, “Yes, sir.”

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Higgins is accused of striking Johnny Gaudreau and his brother with his black SUV while the two men were cycling along the side of a road in Oldmans Township. The crash happened on Aug. 29, 2024.

Both brothers were married fathers, according to the account presented in the case. They were returning from their sister’s wedding rehearsal dinner, and she had been scheduled to marry the following day.

New photographs released Monday showed the severely damaged bicycles the Gaudreau brothers had been riding when they were struck. Other images showed damage to Higgins’ black Jeep Grand Cherokee.

The defense also released new diagrams depicting the scene before and after the crash. Higgins’ lawyers said those materials raised doubts about whether he had been reckless when his vehicle struck the brothers.

Those images and diagrams surfaced as the case moved closer to a jury trial. The evidence presented publicly included the damaged bicycles, the Jeep Grand Cherokee and the defense’s visual reconstruction of the scene.

Jury selection is scheduled to begin Dec. 1. Opening statements are expected in early January, with the trial set to start Jan. 4 following Higgins’ rejection of the prosecution’s final sentencing offer.

The defense’s alcohol test concession now becomes part of the case as Higgins heads toward trial. His lawyers acknowledged a .08 result while continuing to challenge the prosecution’s higher .087 figure and disputing whether his conduct was reckless.