Sean Higgins arrives in court for a hearing in the killing of brothers Johnny and Matthew Gaudreau. (Credit: Matt Slocum/Associated Press)
A New Jersey judge has ruled that evidence suggesting that brothers Johnny and Matthew Gaudreau were impaired while biking during a crash last summer in which they were killed, cannot be presented to the jury.
During a court session on Friday, defense lawyers for the accused driver argued that the victims had high blood-alcohol levels and might have been “cycling impaired” on the night they were struck.
Prosecutors vehemently objected, and after roughly two hours of debate the judge found the issue legally irrelevant, refusing to toss out or reduce any charges against the driver.
At the pre-trial hearing, attorneys for 44-year-old Sean Higgins – the man charged in the August crash – attempted to shift some blame onto the Gaudreau brothers. The defense noted that toxicology reports showed Johnny and Matthew Gaudreau had blood-alcohol concentrations of 0.129% or higher, above New Jersey’s 0.08% legal driving limit.
(By comparison, police recorded a 0.087% blood-alcohol level for Higgins after the crash.)
Higgins’ lawyers argued that the brothers’ alleged impairment “may have contributed” to the tragedy, implying their client should face lesser charges as a result. They also pointed out that the brothers were bicycling after dark without lights.
Defense attorney Matthew Portella insisted they were not trying to smear the victims. “(Co-counsel) Mr. (Richard) Klineburger and I are not blaming the two bicyclists for the incident. That would be ridiculous. That would be wrong,” Portella said, according to the Associated Press, responding to the Gaudreau family’s pained expressions in court.
Instead, the defense maintained it was simply raising all possible factors to give Higgins “a robust defense." Portella contended that the grand jury which indicted Higgins hadn’t heard all the facts – including the brothers’ blood-alcohol levels – before approving the severe charges.
Salem County Assistant Prosecutor Michael Mestern pushed back hard against the defense’s focus on the victims’ alcohol levels. He argued that trying to pin any fault on the Gaudreau brothers due to their blood-alcohol content was “a reach to say the least."
Mestern noted that multiple independent witnesses saw the brothers riding safely along the road’s edge in single file, not weaving into traffic, just before they were hit.
In a memo, prosecutors said four witnesses reported Higgins was speeding and unlawfully passing another vehicle on the right when he struck the cyclists. Investigators have accused Higgins of being both intoxicated and enraged by road rage at the time of the collision.
After hearing nearly two hours of arguments from both sides, Superior Court Judge Michael Silvanio agreed with prosecutors that the brothers’ state of sobriety was irrelevant under New Jersey criminal law. The judge emphasized there is “no credence” to any claim of contributory negligence by the cyclists in a case like this. He ruled that the defense may not introduce evidence of the victims’ blood-alcohol levels at trial and refused to dismiss or downgrade the charges against Higgins.
In effect, Judge Silvanio barred the defense from arguing that the Gaudreaus' alleged impairment contributed to their own deaths, keeping the focus on the defendant’s actions. All charges against Higgins – including two counts of manslaughter and two counts of vehicular homicide – remain intact as the case moves toward trial.
Higgins' attorneys did not respond to an email from Philly Daily prior to publication.
The Gaudreau brothers were killed on the night of August 29 near their hometown in southern New Jersey, when they were struck by a car while out bicycling. The outing took place on the eve of their sister’s planned wedding, a family celebration that had to be postponed because of the tragedy.
Johnny Gaudreau and his younger brother Matthew both died in the collision. In the months since, each of their wives has given birth to a son – bittersweet milestones for a grieving family.
Johnny Gaudreau was a well-known hockey star – nicknamed “Johnny Hockey” – who had been set to start his third season with the NHL’s Columbus Blue Jackets after eight seasons with the Calgary Flames. His brother Matthew had played hockey at Boston College, like Johnny did, and at the time of the crash was working as a high school hockey coach.
The brothers’ deaths prompted an outpouring of support in the local hockey community, and their family has since launched a charitable foundation to honor their memory.
Higgins, the driver charged in the case, is a resident of Woodstown, N. J. A combat veteran and married father of two, Higgins worked for an addiction treatment company prior to the incident. He told police that on the day of the crash he had consumed about a half-dozen beers – some while driving – after an upsetting phone call with his mother.
Higgins was found by officers beside his damaged vehicle, which had stalled roughly a quarter-mile from the crash scene, shortly after the Gaudreau brothers were hit.
Higgins now faces a slate of serious charges in the deaths of Johnny and Matthew Gaudreau, including:
Conviction on all charges could carry a maximum sentence of up to 70 years in prison for Higgins. According to court filings, his defense team has rejected a plea deal that would have called for a 35-year prison term.
With Judge Silvanio’s latest rulings upholding the indictment, the case is now expected to proceed to a full trial. The next court hearing is scheduled for June 10, as both sides prepare for the trial of a case that has drawn significant attention in New Jersey and the hockey community.
