3 days ago
Attorneys for N.J. man who hit Johnny Gaudreau wants statements, data tossed, filing says
Motions recently filed by the lawyers of the New Jersey man accused of causing the Aug. 29 fatal crash that killed Columbus Blue Jackets forward Johnny Gaudreau and his brother, Matthew, ask a judge to keep several pieces of evidence out of any future trial.
Sean Higgins, 44, is charged with reckless vehicular homicide, involuntary manslaughter and several other charges related to the crash.
The June 9 motions filed by Higgins' lawyers, Richard Klineburger and Matthew Portella, ask a judge to suppress a statement Higgins gave to police and data from his airbag control module.
The motions were filed a day before Higgins appeared in Salem County Superior Court for a discretionary conference. During the hearing, Judge Michael J. Silvanio gave the defense and prosecution until July 7 to file briefs on the evidence suppression motions and two weeks after that date to respond to the other side's opposing briefs.
Additionally, Higgins' lawyers said during the hearing that other legal issues they had discussed with Silvanio and Assistant Prosecutor Michael Mestern previously have been resolved. Higgins is next set to appear in court for a hearing on Aug. 21 at 1:30 p.m.
According to court records and prosecutors, Higgins passed two vehicles around 8:20 p.m. on Aug. 29 while on a road in Oldmans Township, New Jersey. The vehicles had slowed down because the Gaudreau brothers were bicycling one in front of the other on the shoulder of the road.
Court records say witnesses told New Jersey State Police that Higgins had been driving his Jeep Grand Cherokee aggressively, speeding up and then falling back several times before passing the first vehicle on the left. The second vehicle had moved to the left to give the Gaudreaus additional room, according to court records, when Higgins went around to the right, hitting the cyclists.
Court records say Higgins had a blood alcohol level of 0.087 at the time of the crash. He stopped about a quarter mile from the crash scene and admitted to having several beers before and while he was driving, according to court records.
Matthew, 29, and Johnny, 31, both died at the scene from their injuries. The brothers had been in town to attend their sister's wedding the next day.
During an April 15 hearing, Higgins' attorneys asked the judge to toss the indictment because prosecutors didn't present evidence about the Gaudreau brothers' toxicology reports to the grand jury.
Those reports found Johnny had a blood-alcohol level of 0.134, and Matthew's was 0.129, however, New Jersey does not have any law against bicycling while intoxicated.
At the April hearing, Assistant Salem County Prosecutor Michael Mestern said neither brother had broken any law and witnesses to the crash were clear that the brothers had not been riding their bikes in any way that would have contributed to the crash.
Higgins also did not call 911 and tried to get rid of open and unopened alcoholic beverage containers inside his vehicle, Mestern said.
Silvanio sided with prosecutors and allowed the case to move forward. The judge also denied a request from Higgins' legal team to force prosecutors to provide information about plea negotiations in other cases. Silvanio said each case is different, and comparing cases is difficult because of that.
Higgins rejected a plea offer in January that would have resulted in a 35-year prison sentence. He continues to be held in the New Jersey jail where he has been housed since his arrest on the night of the crash.
Reporter Bethany Bruner can be reached at bbruner@ or on Bluesky at @ Breaking and Trending News Reporter Nathan Hart can be reached at NHart@ and at @NathanRHart on X and at on Bluesky.
This article originally appeared on The Columbus Dispatch: Johnny Gaudreau crash update: Driver Sean Higgins in court
