The driver accused of being under the influence at the time of the fatal August 2024 crash that killed Columbus Blue Jackets forward Johnny Gaudreau and his brother Matthew is expected to appear in a New Jersey courtroom for an evidentiary hearing Oct. 29.
Sean Higgins, 44, is charged with reckless vehicular homicide, aggravated manslaughter and other charges in connection with the Aug. 29, 2024, crash in which Johnny, 31, and Matthew, 29, died.
At the Oct. 29 hearing, a judge is expected to hear testimony to determine if statements Higgins gave to New Jersey State Police can be used as evidence against him.
Attorneys for Higgins are asking Superior Court Judge Michael Silvanio to prevent any potential jury from hearing the statements, arguing that Higgins was not properly given his Miranda rights. His attorneys say in court filings that Higgins asked for a lawyer partway through being questioned by New Jersey police after the crash, and then was asked more questions.
Prosecutors are expected to argue, based on their court filings, that Higgins was read his rights multiple times over the course of the evening while being questioned. Each time, according to court records, Higgins made statements showing he understood or signed paperwork indicating his understanding of his rights.
Silvanio previously indicated as many as four witnesses could testify at the Oct. 29 hearing.
At a prior hearing, Silvanio denied a motion from Higgins’ attorneys to suppress evidence collected from the Jeep Higgins was driving at the time of the crash.
Higgins rejected a plea offer in January that would have resulted in a 35-year prison sentence.
What happened in crash that killed Johnny and Matthew Gaudreau?
Around 8:20 p.m. on Aug. 29, 2024, Higgins passed two vehicles while driving on a road in Oldmans Township, New Jersey. Both of those vehicles had slowed down after seeing the Gaudreau brothers, who were bicycling on the road’s shoulder one in front of the other, according to court and police records.
Higgins told troopers at the crash site he tried to pass the other vehicles who were driving between 30 and 40 mph.
The brothers had been in town to attend their sister’s wedding, which was scheduled for the next day.
According to court records, Higgins said he passed a car on the left after becoming impatient and then saw a Ford Bronco move over to the left ahead of him. Court records say Higgins believed that driver was trying to block his passing, which led him to go back into the right lane, where he crashed into the bicycling Gaudreau brothers. He told troopers he had consumed several beers before and while driving, court records say.
Higgins continued driving after the crash, telling police he did not initially know what he had struck. Court records say his Jeep came to a stop about 1,500 yards away from the location where the crash happened.
In a formal statement to New Jersey State Police that same night, Higgins told investigators he had been returning home from getting food and said the two vehicles in front of him were going 20 to 30 mph.
Court records say a blood test performed the night of the crash found Higgins’ blood alcohol level to be 0.087, above the legal limit.
Reporter Bethany Bruner can be reached at bbruner@dispatch.com or on Bluesky at @bethanybruner.dispatch.com.