As the second anniversary of the deaths of Columbus Blue Jackets forward Johnny Gaudreau and his brother approaches, the driver accused of fatally hitting them while driving intoxicated in New Jersey seems no closer to having a trial.
Sean Higgins, 44, faces charges including reckless vehicular homicide and aggravated manslaughter in connection with the Aug. 29, 2024, deaths of Johnny Gaudreau, 31, and his brother Matthew Gaudreau, 29.
The brothers were riding bicycles when they were struck by a Jeep Grand Cherokee driven by Higgins in Oldmans Township, New Jersey, where they had been to attend their sister’s wedding the following day. New Jersey State Police allege Higgins was driving while intoxicated, drove around a second vehicle ahead of him onto the shoulder, struck the brothers on their bikes and did not stop at the scene. Higgins’ vehicle stopped about a quarter mile away when it became disabled.
Since his arrest that night, Higgins has remained in a New Jersey jail. His attorneys have filed several motions asking for Salem County Superior Court Judge Michael Silvanio to bar certain portions of statements Higgins gave to police on the night of the crash, as well as questioning the accuracy and credibility of the blood alcohol testing that determined Higgins’ blood alcohol level was above the legal limit.
On May 11, Silvanio rejected a request from Higgins’ team to dismiss some or all of the charges against him based on those blood samples. New Jersey police say Higgins’ blood alcohol level tested at 0.087%, over the legal limit, while Higgins’ attorneys say the sample wasn’t tested properly and his blood alcohol level was actually within the legal range.
Silvanio said a jury could hear the evidence from each side and make a factual determination should the case go to trial.
Higgins’ attorneys have said they intend to file a motion to suppress the blood evidence as the next legal step.
On the night of the crash, court records and testimony at a previous hearing show Higgins told New Jersey State Police he had been drinking before and while driving. He threw several beer cans into a field near where his car came to a halt, which were recovered by police.
Higgins appeared in a New Jersey courtroom on July 20 and will have his next hearing on Sept. 11. There is not currently a trial date scheduled.
What happened on the night of the crash that killed Johnny Gaudreau?
Higgins was driving in a way witnesses said was aggressive, speeding up to the vehicle in front of him, then dropping back before accelerating again, according to court records. 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 told New Jersey police 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.
Reporter Bethany Bruner can be reached at bbruner@dispatch.com.
This article originally appeared on The Columbus Dispatch: Driver in Johnny Gaudreau crash has NJ court date as anniversary nears
Reporting by Bethany Bruner, Columbus Dispatch / The Columbus Dispatch
USA TODAY Network via Reuters Connect
By Bethany Bruner, Columbus Dispatch | USA TODAY Network
