A New Jersey judge has denied a request to dismiss the indictment filed against the man accused of fatally striking with his vehicle former Columbus Blue Jackets forward Johnny Gaudreau and his brother, Matthew, while they were bicycling.
Salem County Superior Court Judge Michael Silvanio denied the request, filed by attorneys for Sean Higgins, during a May 11 hearing.
Higgins, 45, is charged with reckless vehicular homicide, aggravated manslaughter and other charges in connection with the crash.
On Aug. 29, 2024, Johnny and Matthew Gaudreau were riding their bicycles one behind the other on a road in Oldmans Township, New Jersey, when authorities say Higgins went around a vehicle ahead of him onto the shoulder of the road and struck the brothers with his vehicle. The brothers both died at the scene of the crash from their injuries. Johnny, 31, and Matthew, 29, had been in the area to attend their sister’s wedding, which was scheduled for the next day.
Higgins’ attorneys argued during the May 11 hearing that information provided to them by prosecutors made it unclear what blood samples were tested to determine Higgin’s blood alcohol level on the night the fatal crash occurred.
Court records say Higgins’ blood alcohol level was 0.087%, which is above the legal limit, while his attorneys say testing by their expert indicated the level was actually 0.075%, below the limit.
Attorney Richard Klineburger said the documents made clear – to him – that there was an issue where not all of the relevant information was provided to the grand jury that filed charges against Higgins.
“Something went wrong. Something was improper either with the blood draw or the handling,” Klineburger said.
Silvanio questioned why Higgins’ defense team didn’t file a motion to suppress the evidence and question the chemists who performed the evaluations to get clarity, rather than seeking to have the indictment dismissed. Higgins’ attorneys indicated that filing a suppression motion is likely their next step.
Assistant Salem County Prosecutor Michael Mestern said Higgins’ attorneys were misreading the documents they had been given. While there was an issue with the seals on the blood collected during Higgins’ first draw, a second draw was conducted that involved two vials of blood.
“There’s no half-truths. There’s no misleading or deception in presenting this case to the grand jury,” Mestern said. “This is a simple case of a battle of the experts.”
Mestern also noted that every blood kit done in New Jersey requires two vials of blood to be drawn.
Silvanio said New Jersey law is clear that prosecutors only have to present evidence at a grand jury that they knew at the time it was presented. A report from a witness hired by defense attorneys could not be known at that time, he said, and requiring a case to be represented every time new evidence or opinions are gathered would be “impractical.”
Silvanio also noted that the burden of proof for a grand jury to consider is whether or not there is probable cause that a crime may have been committed for a criminal proceeding to move forward.
A trial jury, Silvanio said, would be the fact finders and would have to weigh the evidence provided by competing experts to make a finding related to guilt or innocence.
Higgins previously sought to have the indictment dismissed because prosecutors did not provide the grand jurors with information about the brothers’ blood alcohol levels. He also asked a judge to bar statements Higgins made to police after the crash from being used in a potential trial.
Silvanio also denied both of those requests.
Higgins’ next court date is scheduled for June 16.
What happened in the crash that killed Johnny Gaudreau?
Higgins was driving a Jeep Grand Cherokee that witnesses said was driving aggressively, speeding up to right behind the vehicle in front of it and then dropping back before accelerating again. Higgins passed one of the two vehicles in front of him on the left.
The second vehicle began to move left to make room for the Gaudreaus, who were bicycling on the right shoulder of the road. Higgins said he interpreted that move as trying to cut him off, court records say, so he swerved back to the right, driving partially off the roadway and striking both brothers.
Higgins continued driving for about another quarter mile before his car became disabled and could no longer operate.
Court records say Higgins admitted to having several beers before and while driving and to throwing cans into a field near where his vehicle had stopped. Those cans were later recovered, court records say.
Reporter Bethany Bruner can be reached at bbruner@dispatch.com.
This article originally appeared on The Columbus Dispatch: Charges against driver in Johnny Gaudreau crash can move forward, judge says
Reporting by Bethany Bruner, Columbus Dispatch / The Columbus Dispatch
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