A judge has denied a motion brought forward by the defence team representing the man accused of killing NHL star Johnny Gaudreau and his brother Matthew to dismiss the indictment in the case, according to multiple reports.
Attorneys for Sean M. Higgins argued in a Salem County, NJ courtroom on Monday that the grand jury indictment should be dismissed over the way blood alcohol evidence was collected from Higgins and presented by prosecutors.
“Judge, I’m not asking you to throw this case out and for my client to walk free and be not guilty,” defence attorney Richard Klineburger said in court, according to video shared by NBC 10 Philadelphia. “I’m asking that the grand jury be presented with the proper evidence. This is not a huge chore for the state.”
In response, prosecutors argued that the blood alcohol sample that was presented to the grand jury last December was accurate and not mishandled at any point in the collection process.
"There is credible evidence to support the claim that there was a BAC level of .087 per cent,” assistant prosecutor Michael Mestern said in court, according to video shared by ABC 30 Action News. “That was presented to the grand jury. There was no half-truths, there was no misleading or misdirection."
The legal blood alcohol level in New Jersey is 0.08 per cent.
Superior court judge Michael Silvanio sided with the prosecution, saying the case did not need to be argued before a grand jury again, but added that the defence could present the blood-alcohol argument when the case goes to trial, according to NBC 10.
“The evidence presented to the grand jury was adequate,” Silvanio said, according to The Athletic. “There is no basis at this time to ask the state to represent, nor is there any basis to grant the motion to suppress.”
Higgins faces up to 70 years in prison if found guilty of all charges, which include two counts of first-degree aggravated manslaughter, two counts of second-degree reckless vehicular homicide, and leaving the scene of a fatal collision.
Johnny and Matthew Gaudreau were killed on Aug. 29, 2024, after they were struck by a vehicle while riding their bikes near their family home.
The next court date in this case is June 16.
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