Judge Upholds All Charges Against Driver in Johnny Gaudreau's Death: No Dismissal

The legal case surrounding the deaths of NHL player Johnny Gaudreau and his brother Matthew just got more serious. A New Jersey judge ruled Monday that all charges will stand against Sean M. Higgins, the driver accused of killing the brothers in 2024. This means Higgins is still facing two counts of first-degree aggravated manslaughter, the most serious charges in the indictment, plus four additional counts. No charges are being dismissed.

Higgins' legal team tried to get at least some of the charges thrown out, arguing that blood alcohol evidence presented to the grand jury was misleading. They claimed that when toxicology reports were reviewed in February, the numbers didn't match what prosecutors said. According to the defense, Higgins' blood alcohol content was .075, which is below the legal driving limit. Prosecutors had said it was .087, above the limit. The defense argued this difference meant certain charges should be dropped, specifically the manslaughter counts.

The Evidence Question That Didn't Work

Here's what happened with the blood test: the defense said a serum sample was tested instead of a whole blood sample, which led to the higher BAC reading that prosecutors presented to the grand jury. It was a technical challenge, but Superior Court Judge Michael Silvanio in Salem County wasn't convinced it mattered. On Monday, the judge said there was no basis to dismiss the charges. "The evidence presented to the grand jury was adequate," Silvanio stated. "There is no basis at this time to ask the state to represent, nor is there any basis to grant the motion to suppress."

Prosecutors made their position clear too. They responded that Higgins' blood alcohol level was just one piece of the puzzle. The state said the BAC was "one of many ways the State will establish the defendant's reckless conduct on the day in question and how it amounted to an extreme indifference to human life." In other words, even if the exact number gets debated, there's plenty of other evidence showing what happened that day.

Where This Case Stands Now

The Gaudreau brothers were hit and killed while riding their bicycles in New Jersey on August 29, 2024. Higgins, 45, was indicted in December 2024. He pleaded not guilty in January 2025 after turning down a prosecution offer of 35 years in prison. Now, with the judge upholding all charges, those two first-degree aggravated manslaughter counts remain. Each one carries a maximum sentence of 30 years.

Aggravated manslaughter requires proof that the accused acted with recklessness under circumstances showing extreme indifference to human life. That's a high bar, but it's the bar the prosecution will have to clear in trial. With the judge's ruling on Monday, Higgins will face the full weight of all six charges, and the case moves forward.

This article was created with AI assistance and reviewed by Seattle On Tap editorial staff. Always verify information with official team sources.