New Jersey prosecutors say efforts by the man accused of fatally hitting former Columbus Blue Jackets forward Johnny Gaudreau and his brother while driving under the influence are grasping at proverbial straws to try and have the case thrown out.
Sean Higgins, 45, is charged with reckless vehicular homicide, aggravated manslaughter and other charges in connection with the Aug. 29, 2024, crash in which Johnny Gaudreau, 31, and Matthew Gaudreau, 29, died.
New Jersey State Police arrested Higgins the night of the crash after he admitted to consuming beers and being reckless when he struck the brothers, court records say. He has remained in custody since that time.
Attorneys for Higgins have filed multiple motions to attempt to have some or all of the charges against him dismissed.
In February, Higgins’ attorneys said during a hearing that their expert believed Higgins’ blood was not tested properly on the night of the crash and his blood alcohol level was actually below the legal limit.
Higgins’ attorneys filed a brief on April 14 outlining their arguments and asking that, at a minimum, the aggravated manslaughter charges be dismissed.
“[The grand jury] was presented with a scientifically inflated number and a legal framework that magnified its significance. The integrity of the grand jury process requires more,” the motion states. “Such a mischaracterization goes beyond mere evidentiary nuance and directly affects the probable cause determination. Where the state’s theory of recklessness depends substantially upon intoxication evidence that is inaccurate or misleading, the grand jury’s determination of probable cause cannot be considered reliable.”
Salem County prosecutors rebutted the claims in an April 27 filing, saying even if the defense’s expert was correct, that was not enough to dismiss the indictment. Prosecutors say they were not aware of the expert’s opinion until 14 months after an indictment was filed against Higgins, so there was no way that information could have been presented.
“The report is not new evidence. It is only one chemist’s opinion attacking the credibility of one piece of the state’s evidence in this matter,” the prosecution motion said.
Prosecutors say they intend to challenge the defense expert’s opinion if the case proceeds to a trial. Six and a half pages of the prosecution’s motion are redacted.
“The report in question is not clearly exculpatory when state has evidence that refutes what is contained therein,” prosecutors said.
In addition, there is more than the blood alcohol level to prove Higgins was reckless and acted with indifference to human life, elements of the crimes Higgins faces, prosecutors said. The prosecutors cited failed sobriety tests, witness statements and Higgins’ own actions and statements as other evidence.
“The fact that defendant did not stop to assist Matthew and John after hitting them with his SUV could be enough, alone, to determine the defendant’s actions amounted to an extreme indifference to human life,” prosecutors said.
A hearing is scheduled for May 11 in Salem County Superior Court for Judge Michael Silvanio to hear arguments and decide on the defense motion.
What happened in the crash that killed Johnny Gaudreau?
Higgins is accused of having multiple beers both before and while driving his Jeep Grand Cherokee in Oldmans Township, New Jersey. Around 8 p.m. on the day of the crash, court records say Higgins was behind two other vehicles.
The Gaudreau brothers, who were in town for their sister’s wedding, were riding single file along the side of a road.
According to court records, Higgins was driving aggressively, speeding up and then falling back behind one of the vehicles. Higgins then passed one vehicle on the left, court records say, and cut back over to the right after the second vehicle began to move left to give the Gaudreau brothers more room. Higgins then struck the brothers and continued driving until his Jeep stopped about a quarter-mile away.
Reporter Bethany Bruner can be reached at bbruner@dispatch.com.
This article originally appeared on The Columbus Dispatch: Gaudreau driver’s blood test challenge ‘one chemist’s opinion,’ prosecutors say
Reporting by Bethany Bruner, Columbus Dispatch / The Columbus Dispatch
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