Allegations about the final hours of Johnny and Matthew Gaudreaus’ lives have been revealed in a new court filing.
In papers presented Tuesday, February 4 by the attorneys for Sean M. Higgins, who is charged with striking and killing the brothers with his Jeep Grand Cherokee in August 2024, Johnny allegedly had a blood-alcohol concentration of 0.129% when he was killed, while Matthew’s concentration was 0.134%.
Both numbers are higher than Higgins’ alleged level of 0.087%, which was above the legal driving limit of 0.08%.
Johnny, 31, and Matthew, 29, were riding bicycles on the side of a road in Oldmans Township, New Jersey the night before their sister Katie Gaudreau’s wedding when they were struck by Higgins. The brothers were pronounced dead at the scene.
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Katie has since rescheduled her wedding for July 11, 2025 in Philadelphia.
Higgins was charged with two counts of first-degree aggravated manslaughter, two counts of second-degree reckless vehicular homicide, a fourth-degree charge of tampering with physical evidence and a second-degree charge of leaving the scene of a fatal accident.
Sean Higgins Courtesy of Salem County Sheriff’s Office
In January, Higgins pleaded not guilty to all charges.
During Higgins’ court appearance on Tuesday — which was attended by Johnny and Matthew’s parents, Guy and Jane, their sisters, Katie and Kristen, and Katie’s fiancé, Devin Joyce — his attorneys indicated their desire to dismiss the indictment, which was handed down by a grand jury in December 2024.
The attorneys did not allege that the Gaudreaus’ blood-alcohol levels played any role in the crash, but filed a motion to obtain additional information about how the blood-alcohol levels for the brothers and Higgins were collected.
“We believe these filings are essential to ensuring that our client’s Constitutional rights are protected and that he is not being treated unfairly based upon the amount of publicity being garnered,” Higgins’ attorneys, Richard F. Klineburger III and Matthew V. Portella, said in a statement obtained by NJ.com.
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In January, Higgins rejected a plea deal that would have seen him serve 35 years in prison. In Tuesday’s filing, Higgins’ attorneys argued the 35-year offer was higher than usual due to the fame and notoriety surrounding the case and the Gaudreau family.
Additionally, the attorneys plan on filing a motion that will prevent some pieces of evidence from making it to trial, including the results from Higgins’ blood-alcohol test.
During the hearing, Superior Court Judge Michael Silvanio set deadlines for the defense to file its motions and for the prosecution to file responses.
Higgins’ next court date is scheduled for March 26.
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