Oct 9, 2026 11:16 AM

Attorneys for Sean Higgins, the New Jersey man accused of killing Columbus Blue Jackets superstar Johnny Gaudreau and his brother Matthew, filed new documents yesterday and accused the brothers of riding in the road at the time of the crash. 

Higgins lawyers said in documents that the Gaudreaus were actually riding in the northbound lane, and not on the shoulder as previously reported by state police. The new report also says that Higgins "could not have reasonably avoided them." The new report comes from an accident reconstruction team hired by the defense.

The defense also says Higgins never left the road. 

Per New Jersey law, riding a manual bicycle while drunk is not a DWI/DUI offense in New Jersey, but it is still illegal to create public hazards or violate traffic laws while intoxicated.

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Higgins attorneys claim that the cyclists were “intoxicated beyond the legal limit” and were wearing dark clothes while biking in the dark.

Higgins has been charged and indicted on two counts of reckless vehicular homicide, two counts of aggravated manslaughter, tampering with physical evidence, and leaving the scene of a fatal accident.

Next Up For Columbus: The Blue Jackets take on the Pittsburgh Penguins this Friday at Nationwide Arena.   

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