The alleged drunk driver accused of killing NHL star Johnny Gaudreau and his brother Matthew as the siblings were biking on the eve of their sister’s wedding has lost a major court battle in his ongoing trial in New Jersey.
Defendant Sean Higgins’s attorneys were unsuccessful in their attempts to toss their client’s damning statements at the scene of the 2024 crash, according to NJ.com. They had argued Higgins wasn’t read his rights and had requested the presence of an attorney before speaking to officers in Salem County, New Jersey.
However, Judge Michael Silvanio ruled police weren’t obligated to read Higgins his rights at the scene as they were quickly trying to gather facts in the immediate aftermath of the crash along a country road in southern New Jersey.
Furthermore, as reported by NJ.com, Salem County prosecutors insisted Higgins was read his rights after failing a sobriety test at the scene and later again at the police station, but nonetheless continued speaking to officers even after they asked if he wanted to wait for an attorney.
As previously reported by the New York Post, New Jersey police alleged that a ‘frantic’ Higgins admitted to hitting the pair shortly before his arrest. He was later charged with two counts of reckless vehicular homicide and aggravated manslaughter.
New Jersey State Police sergeant Kenenth Flanegan testified that Higgins told him, ‘I hit them,’ at the scene.
The court was shown bodycam footage from the moments after the crash in New Jersey
NHL star Johnny Gaudreau and brother Matthew were killed after being struck while cycling
In a clip from the cops’ bodycam footage, Higgins is heard asking trooper Zachary Harding: ‘Is anybody dead back there?’
Higgins claimed he was attempting to pass a slower car, but the driver moved into the oncoming traffic lane, forcing him back into the original lane, where he then hit the two cyclists.
The defendant previously rejected a 35-year-sentence plea deal and pleaded not guilty to his charges of reckless vehicular homicide and aggravated manslaughter. He faces up to 70 years in prison if found guilty on all counts.
Last month, state troopers Mark Allonardo and Adam Crespo testified that they could detect the smell of alcohol of Higgins’ breath.
Allonardo went on to explain that he made Higgins take a field sobriety test shortly after, which he failed. He also allegedly told cops he’d had ‘five or six drinks.’
He is also claimed to have told them: ‘I mean I’ve been drinking beers, but I haven’t had one in like two hours.’
Higgins claimed he was attempting to pass a slower car, but the driver moved into the oncoming traffic lane, forcing him back into the original lane, where he then hit the cyclists
Johnny and Matthew were knocked off their bikes the night before their sister’s wedding
Higgins’ attorneys did attempt to have charges reduced or dropped at the onset of the trial, arguing the brothers were biking while intoxicated. Matthew, 29, and Johnny, 31, both had blood alcohol levels of .129 or above, which registered higher than Higgins’ at the time of the accident.
Ultimately the court wasn’t swayed by that argument.
The Gaudreau brothers were in the area to attend their sister’s wedding, which was scheduled to take place the day after they were killed.
Higgins was allegedly passing a pair of cars that had slowed for the brothers, only to slam into both of them. He ultimately pulled over a quarter mile down the road, where he was interviewed by officers, according to police reports.
Both brothers played hockey, but it was Johnny who went on from Boston College to become a top forward for the Calgary Flames and Columbus Blue Jackets. His best season came in 2021-22, when the elder Gaudreau brother had 40 goals and 75 assists to finish with a career-high 115 points.