Attorneys for the New Jersey man accused of killing NHL star Johnny Gaudreau and his brother asked a judge Monday for seven more weeks to complete additional blood testing and accident-reconstruction work before the case goes to trial.
Sean Higgins, 45, was represented by his defense team in Salem County Superior Court, where his lawyers argued the extra time was needed to verify the accuracy of the state’s evidence against him.
Defense attorney Richard Klineburger told the court there was “additional information that was provided to the accident-reconstruction expert” needed to finish the report, and that further testing must be done on Higgins’ blood work.
The requests are the latest in a year-long push to challenge prosecutors’ finding that Higgins’ blood-alcohol content was .087 the night of the August 2024 crash, just above New Jersey’s .08 legal limit. His lawyers claim the state tested only plasma, and that a defense expert’s reading of his whole blood came back at .075, below the limit.
Judge Michael Silvanio told both sides to return Sept. 11, once the new information is shared. At that hearing, according to co-counsel Matthew Portella, Higgins will decide whether to face a jury or seek a plea deal.
Silvanio rejected a bid to toss the case in May, saying a jury was better positioned to weigh the dispute.
“A jury at trial is the ultimate fact-finder and is the best positioned party to weigh conflicting evidence, including expert testimony regarding BAC levels,” the judge said at the time.
The hearing comes nearly two years after Johnny, 31, and Matthew, 29, were struck while biking home from their sister’s wedding rehearsal dinner in Oldmans Township. Higgins, who did not appear Monday, told police he had “five or six” beers that day and has pleaded not guilty.
The court filing drew reaction on social media, where users weighed in on the defense’s shifting strategy.
One user argued the driver should be locked up for good. “Guy deserves a cot and 4 white padded walls for the rest of his life,” the user wrote.
Another mocked the timing of the argument. “When you’re facing decades behind bars and your legal strategy suddenly pivots to aggressively debating plasma versus whole blood,” they wrote.
Another took a shot at the defense’s approach. “Nothing says confidence in your innocence quite like frantically grasping at every legal technicality known to mankind,” the user said.