Driver charged in Gaudreau brothers crash seeking an appeal

SALEM, N.J. (WPVI) -- Attorneys for the driver charged with killing brothers Johnny and Matthew Gaudreau in a 2024 crash are asking to pause the trial as they challenge the admissibility of his statements to police.

(The video in the player above is from previous coverage.)

Defense lawyers for Sean Higgins, 45, filed a motion this week with New Jersey Superior Court's Appellate Division, arguing his Miranda rights were violated during questioning after the Aug. 29, 2024, crash.

Last month, Superior Court Judge Michael Silvanio heard arguments on the issue, but ultimately ruled that Higgins' statements were lawfully obtained.

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Higgins was scheduled to appear in court on Monday, but that hearing has been suspended with no new date set.

Police say Johnny, 31, and Matthew, 29, were struck and killed while biking near their hometown. Higgins was found beside his damaged vehicle about a quarter mile from the scene.

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A driver who was in front of Higgins told police that Higgins had been driving aggressively. When she and the vehicle ahead of her slowed down and moved left to go around the cyclists, Higgins sped up and veered right, striking the Gaudreaus, she said.

"I've been drinking beers," Higgins told police before performing field sobriety tests. In the video, Higgins stated that he had about "five or six" beers starting around noon on the day of the crash.

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"I haven't had one in like two hours," he can be heard saying to troopers on the side of the road.

Police say Higgins had a blood-alcohol level of .087, which is above the state's .08 legal limit, and he failed a field sobriety test.

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During previous hearings, defense lawyers noted that Higgins had a recent knee surgery that likely impacted the field test.

He is charged with two counts each of reckless vehicular homicide, aggravated manslaughter, evidence tampering, and leaving the scene of a fatal accident.

If convicted on all counts, Higgins faces up to 70 years in prison. His attorneys have rejected a plea deal offering 35 years.