Defense seeks dismissal in Gaudreau brothers crash over BAC evidence dispute

Attorneys for Sean M. Higgins, charged in the 2024 deaths of NHL star Johnny Gaudreau and his brother, filed a motion to dismiss the charges, arguing the grand jury was given improper BAC evidence. Higgins’ BAC was cited as 0.087%, but defense contends the reading from plasma shows 0.075% (below the legal limit), and asks the court to throw out the charges on that basis. The indictment includes two counts of first-degree aggravated manslaughter, two counts of second-degree reckless vehicular homicide, tampering with evidence, and leaving the scene. A previous motion to dismiss was denied, and Higgins’ next court date is April 14. The Gaudreaus were killed while bicycling in New Jersey in Aug. 2024, an incident that has drawn attention in part due to Johnny Gaudreau’s NHL fame and subsequent Olympic tributes to the brothers.