Prosecutors ask judge to rule Gaudreau brothers' blood alcohol levels inadmissible
Prosecutors are trying to prevent a jury from hearing about Johnny and Matthew Gaudreau's blood alcohol content levels the night they were killed by a suspected drunk driver in Salem County, New Jersey, last August, according to court documents.
The Salem County Prosecutor's Office filed court documents Wednesday asking Superior Court Judge Michael J. Silvanio to rule the Gaudreau brothers' BAC levels inadmissible "as being irrelevant to any issue before the jury."
"Multiple witness accounts show that it was the defendant's actions and his actions alone that caused the collision that led to Matthew and John Gaudreau's deaths," Salem County Assistant Prosecutor Michael Mestern wrote in the court documents.
Sean Higgins of Woodstown was arrested for allegedly driving drunk and fatally striking the Gaudreau brothers in August 2024. Higgins was charged with counts of reckless vehicular homicide, aggravated manslaughter, tampering with evidence and leaving the scene of a fatal accident. He pleaded not guilty to all charges in January.
The Gaudreau brothers were riding bikes on County Road 551 and Stump Lane in Oldmans Township on Aug. 29, 2024, the night before their sister's wedding, when Higgins fatally struck them. Police said Higgins told officers he was trying to pass a slower vehicle on the right and claimed he didn't see the cyclists in the right lane near the shoulder.
According to an affidavit of probable cause, Higgins admitted to a state trooper to drinking "5-6 beers prior to the accident." The trooper wrote in the document that Higgins confessed to drinking before and while driving his vehicle. The trooper reported smelling alcohol on Higgins' breath.
Last December, police released body-worn camera footage showing Higgins speaking to state troopers after the crash. The video shows Higgins undergoing field sobriety tests, including a one-leg standing test in which he put his foot back down a few times.
Johnny and Matthew Gaudreau grew up playing hockey in South Jersey, and each played for the Little Flyers, a youth hockey organization based in Aston, Pennsylvania. Both played hockey at Gloucester Catholic High School and Boston College.
The Calgary Flames selected Johnny Gaudreau in the 2011 NHL draft, and he later signed with the Columbus Blue Jackets in 2022. Known as "Johnny Hockey," he was nearly a career point-per-game player in the NHL, registering 743 in 763 games.
Matthew Gaudreau played pro hockey for five seasons and coached at Gloucester Catholic after his playing career ended.