Sean M. Higgins, accused of causing the deaths of NHL star Johnny Gaudreau and his brother Matthew in August 2024, is seeking to have his indictment dismissed. Higgins, who admitted to consuming alcohol before the crash, claims the Gaudreau brothers were also intoxicated while riding their bikes, a detail omitted during his indictment hearing. His lawyers argue that this “contributory negligence” should have been presented to the grand jury. Higgins faces charges including reckless vehicular homicide and leaving the scene of the accident.

According to court documents, Johnny and Matthew had blood alcohol levels above the legal limit for drivers, though Higgins’ level was lower. Riding a bike under the influence is also illegal. Higgins’ legal team emphasizes they are not trying to absolve him of responsibility but are seeking transparency in the case. Higgins was previously offered a 35-year prison sentence in exchange for a guilty plea. The case continues to unfold as the court reviews the new claims.