The trial for the fatal crash involving the late Johnny Gaudreau and his brother Matthew is underway, and court documents show the brothers had higher blood alcohol levels than the drunk driver who killed them.

The documents, which have been obtained by TMZ Sports, were filed by defendant Sean Higgins’ attorneys in a motion on Tuesday in New Jersey.

They show that Johnny’s BAC was at .129 while his brother’s was at .134. Higgins, meanwhile, had a BAC of .087.

Higgins’ lawyers did not suggest that the Gaudreaus’ level of intoxication had anything to do with the accident but were pointing out what they found in an attempt to have requests granted for items related to the way the bloodwork was obtained.

Johnny Gaudreau, a player for the Columbus Blue Jackets at the time of his death, was killed along with his brother Matthew on August 29, 2024. They were riding their bikes on a Jersey roadway when Sean Higgins ran over them.

Higgins is facing multiple charges, including vehicular homicide and aggravated manslaughter. He pleaded not guilty to the charges in early January.

Sean Higgins Seeks a More Lenient Plea Deal in High-Profile Case Involving Deaths of Johnny Gaudreau and His Brother

Sean Higgins, 44, is pushing for a better plea deal after rejecting a 35-year prison sentence offered by the prosecution. The plea agreement required Higgins to admit guilt in exchange for the lengthy sentence, but his legal team is now fighting for a more lenient deal, arguing that the current offer is excessively harsh due to the high-profile nature of the case.

Higgins was indicted by a grand jury on multiple serious charges, including two counts of first-degree aggravated manslaughter, two counts of second-degree vehicular homicide, leaving the scene of an accident, and evidence tampering. The charges stem from an incident that resulted in the tragic deaths of NHL star Johnny Gaudreau and his brother. Given the severity of the charges, prosecutors pushed for a substantial sentence, but Higgins’ defense team claims that comparable cases involving vehicular homicide and manslaughter have resulted in significantly shorter sentences.

The defense has argued that Higgins is being treated unfairly because of Gaudreau’s celebrity status. High-profile cases often attract intense media scrutiny, which can influence prosecutorial decisions and lead to harsher sentencing recommendations. Higgins’ legal team is hoping to negotiate a deal that aligns with precedents set in similar cases, rather than one influenced by public attention and pressure.

As the legal battle continues, Higgins is set to appear in court again on March 26, where further discussions regarding a potential plea agreement may take place. The case has drawn widespread attention, with many closely watching whether Higgins will receive a more favorable deal or if the prosecution will stand firm on their original offer.