Lawyers for man accused of killing Gaudreau brothers want charges dropped, say blood alcohol tests were wrong

Attorneys for Sean Higgins, the man charged with fatally striking Johnny and Matthew Gaudreau on a rural New Jersey road nearly two years ago, are seeking to have his charges dropped.

Higgins' attorneys say a toxicology expert reviewed the evidence in the case and believes the South Jersey man's blood alcohol tests were improperly administered.

Prosecutors previously said Higgins' blood alcohol level was .087 when he hit the Gaudreau brothers while they rode their bikes on County Road 551 in Salem County in August 2024.    

Earlier this month, lawyers filed a motion to dismiss Higgins' indictment  — or at least the aggravated manslaughter charge — arguing that the information from the expert should have been provided to the grand jury as they weighed whether or not to indict Higgins. A Salem County grand jury returned an indictment in December 2024.

The defense said the BAC test results were "a keystone fact in the State's theory of culpability" and argued that because it was not included, the grand jury was not provided with a fair presentation of the evidence.

In a response, the prosecution said the expert's report wasn't completed until 14 months after the case was presented to the grand jury, so there was no way for it to be included.

It would be up to a trial jury, if the case gets that far, to determine whether the defense's expert witness is credible, Salem County Assistant Prosecutor Michael Mestern wrote in a rebuttal to the defense's motion.

Mestern also wrote that the blood alcohol level is not the only way the state can make a case that Higgins displayed reckless conduct and an "extreme indifference to human life" on the day of the crash, two factors that need to be proven for an aggravated manslaughter conviction.

The case will also include witnesses who reported Higgins was driving recklessly prior to the crash, and could also mention Higgins not staying at the scene to render aid, Mestern wrote. In addition to that, the case could include statements Higgins allegedly made to a state trooper about having consumed alcohol, and the trooper's observation that he smelled alcohol.

Higgins' attorneys previously sought to have his statements made the night of the crash excluded from the evidence.