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Still feeling the hungover of the 2026 Winter Olympics, the hockey world has a new case to be worried about. As the cheers in Milan fade, and the ice melts, news from a legal battle in a New Jersey courtroom has taken a sharp, controversial turn that has clouded the skies of every fan.
Just two days after the U.S. men's team honored the late Johnny Gaudreau during their gold medal celebration after an emotional victory over Canada, lawyers for the man accused of killing the NHL star and his brother, Matthew Gaudreau, made a move to have the entire case thrown out.
Dispute over the use of plasma vs blood
The main topic of development in the case against Sean Higgins, 45, hinges on a technicality in the evidence report regarding his Blood Alcohol Content (BAC).
While prosecutors previously alleged that Higgins' BAC was .087 (above the New Jersey legal limit of .08), defense attorney Richard Klineburger presented new expert findings to Salem County Superior Court Judge Michael Silvanio. Klineburger argued that the initial testing was useless because it utilized plasma rather than whole blood.
During the video hearing, Klineburger said:
"Based upon our expert report, that brings the actual BAC reading down to .075
As .075 falls just below the legal threshold for a per se DWI, the defense is now demanding the dismissal of all charges, including first-degree aggravated manslaughter, arguing that the used data unfairly influenced the grand jury's decision to indict.
The next steps of the case
Prosecutor Michael Mestern has requested extra time to review the defense's BAC findings with his own experts. If the state concedes that the .075 reading is accurate, they may be forced to seek a new indictment, which could potentially result in reduced charges.
The defense has rejected a 35-year plea deal and countered with an undisclosed offer. The next hearing will take place on April 14, 2026. This is when the prosecution will reveal if they agree with the new evidence report and whether a trial or a plea agreement is on the horizon.
Higgins previously failed in an attempt to blame the brothers for the accident by claiming they were intoxicated, a move the court rejected. As this new evidence report takes center stage, the Gaudreau family continue to wait for a final resolution in a tragedy that reshaped the entire sport.