Man who admitted drinking before killing NHL star now wants his statements to cops thrown out

Attorneys for the driver charged with killing NHL hockey star Johnny Gaudreau and his brother as the pair bicycled in Salem County last year are asking a judge to bar crash scene statements made by their client from his trial.

Prosecutors say Sean M. Higgins, 44, of Pilesgrove, was intoxicated when he hit and killed Johnny Gaudreau, 31, and Matthew R. Gaudreau, 29, on the evening of Aug. 29, 2024.

Higgins appeared in court for a brief hearing Tuesday afternoon.

His attorneys filed a motion to suppress “a roadside statement” made by Higgins, defense attorney Richard F. Klineburger III said. They also filed a second motion asking a judge to also keep data retrieved from the airbag control module in Higgins’ vehicle out of his trial.

That device records various details related to a crash, including vehicle speed, acceleration and braking.

Higgins was indicted in December on two counts of first-degree aggravated manslaughter, two counts of second-degree reckless vehicular homicide, second-degree leaving the scene of a fatal accident and fourth-degree tampering with physical evidence.

He previously rejected an offer from the prosecution that would have sent him to prison for 35 years in return for a guilty plea.

Higgins faces a maximum sentence of 70 years in prison if found guilty, the prosecution said in court documents.

During Tuesday’s hearing, Superior Court Judge Michael J. Silvanio set deadlines for the defense and prosecution to file briefs on the new defense motions. The case will return to court Aug. 21 for arguments on the motions.

The defense attorneys also told the judge they are in the process of obtaining two expert reports about the case, though the nature of the reports was not discussed.

Higgins’ attorneys said most of the information they requested from the prosecution was supplied and that they are only waiting on the names of two paramedics connected to the case.

The defense previously sought dismissal of some of the charges against Higgins, but the judge rejected those efforts at a hearing in April.

Johnny Gaudreau played 11 seasons in the NHL, while Matthew Gaudreau was a college hockey player and later a coach. The brothers were supposed to be groomsmen in their sister’s wedding, which was scheduled for the day after they were killed.

Among the defense claims were that the grand jury wasn’t told the Gaudreaus were biking while intoxicated at the time of the crash.

Higgins’ attorneys revealed in court filings that Johnny Gaudreau had a blood alcohol concentration of 0.129% when he was killed, while Matthew Gaudreau had a reading of 0.134%.

Both readings were higher than Higgins’ alleged blood alcohol concentration of 0.087%, which was above the legal limit of 0.08% for drivers.

The prosecution countered that there is no law against bicycling while intoxicated and described witness accounts claiming the brothers did nothing wrong prior to being struck.

Those witnesses, according to the prosecution, described Higgins’ driving as erratic and reckless, and said he was partially on the grass when he hit the Gaudreaus.

On the evening the brothers were killed, Higgins was driving north on Route 551/Pennsville-Auburn Road in Oldmans Township when he tried to pass vehicles in front of him, according to prosecutors.

He tried to illegally pass an SUV on the right side and struck the Gaudreaus as they rode their bikes single-file on the fog line — the solid white line marking the edge of the roadway — prosecutors said.

The shoulder of the roadway is just a few inches wide in the area of the crash.

The brothers were unconscious but breathing after they were struck, according to a motorist who called 911. By the time EMTs arrived, they had died, the prosecution stated in court filings.

Higgins’ vehicle sustained “significant damage” and came to a stop about 1,500 feet — or more than a quarter of a mile — from the crash scene after the vehicle stalled, prosecutors said.

While the prosecution argued that Higgins tried to leave the scene and could have stopped his vehicle sooner if he wished, his lawyers argued that he wasn’t attempting to flee.

Higgins failed a field sobriety test and was arrested at the scene, authorities said.

He admitted drinking five or six beers after finishing work the afternoon of the crash and drinking two beers while driving around for two hours prior to the crash, according to prosecutors. He also admitted trying to hide beer cans after hitting the Gaudreaus, prosecutors said.

He told police his drinking “contributed to his impatience and reckless driving” on the night of the crash, according to court documents.

Higgins, a major in the New Jersey Army National Guard who works for a substance abuse treatment network based in Pennsylvania, remains jailed pending the outcome of his case.

The Gaudreau brothers’ widows sued Higgins in state Superior Court, alleging he was “negligent, careless and reckless” in operating his vehicle and that his negligence caused the brothers’ deaths.

The brothers’ estates will split a $500,000 settlement with Higgins’ insurance company under a plan that was finalized in February.

The wives were both pregnant at the time of the crash.

Madeline Gaudreau, Matthew’s widow, announced the birth of the couple’s son, Tripp Matthew, in December.

Meredith Gaudreau, Johnny’s widow, announced that the couple’s third son, Carter Michael Gaudreau, was born April 1.

Last month, the family attended the first Gaudreau Family 5K Run, Walk & Family Fun Day fundraiser in Gloucester County. The event raised money for a new adaptive playground at Archbishop Damiano School in Westville.

The Gaudreau brothers’ mother and sister work at the special education school and a family member was a previous student.

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Matt Gray may be reached at mgray@njadvancemedia.com.