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lawyer Sean Higginsman accused of killing hockey star Johnny and Matthew Gaudreauis seeking to have at least some of the charges against him dropped.
On Monday, February 23, Higgins’ attorney reportedly filed a notice of motion to dismiss the charges “for failure to provide appropriate evidence.” Competitor.
December 2024, Higgins Charged with two counts one count 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 attacked and killed Brothers Johnny, 31, and Matthew, 29, were riding their bikes in August 2024, the night before their sister Katiewedding.
The motion to dismiss the charges centered around the taking of Higgins’ blood-alcohol level.
According to records, Higgins’ blood alcohol content was 0.087% on the night of the fatal incident, exceeding the legal limit. Higgins admitted to drinking while driving before hitting Johnny and Matthew with his Jeep, and also failed a field sobriety test.
Higgins’ attorneys argued, however, that the blood alcohol test was conducted on his plasma, not blood, which resulted in a higher percentage.
Lawyers cited expert analysis that determined Higgins’ blood-alcohol level was actually 0.075 percent, below the legal limit for driving.

Sean Higgins
Courtesy of Salem County Sheriff’s Officedefense lawyer Richard Kleinberg The request for the charges to be dismissed was made as an “exercise of caution” but acknowledged that the dismissal “may not apply” to all charges against Higgins.
assistant prosecutor Michael Mestern said he would need to review the defense’s motion and meet with the state’s own experts about the specifics of the blood test before making any decisions on how the case proceeds.
Higgins’ attorneys also revealed they had rebutted a previous plea offer to their client, but the details were not disclosed.
In January 2025, Higgins rejected an offer that would have seen him jailed for 35 years if he pleaded guilty.
Higgins’ next court appearance is scheduled for April 14.
Case update comes on the heels of Johnny being Honored by the U.S. Men’s Hockey Team After winning gold at the 2026 Winter Olympics in Italy.
Before his death, Johnny was considered a must-win for Team USA in Italy, the first time in more than a decade that NHL players were allowed to compete in the Olympics.
Team USA players skate on the ice with their jerseys after Team USA defeated Canada in the gold medal game on Sunday, February 22.
In a celebratory team photo, the team welcomed Johnny’s two children – daughters Noah3, with son Johnny2, — onto the ice. johnny’s wife, Meredith Gaudreaugave birth to the couple’s third child, son Carterfollowing his death in April 2025.
“This means the world to me,” Meredith said during an appearance. fox and friends Wednesday. “I’m really thankful for these guys, they’re great friends, great teammates. Just including our kids and honoring John in their way, that’s all I can ask for right now. I think John would be very flattered and very humbled. It’s really, really heartwarming that they showed him so much respect and continue to do these things. It’s very touching.”