Statements by driver in Gaudreau brothers crash admissible at trial, judge rules
SALEM, N.J. (WPVI) -- A New Jersey judge has ruled that initial statements made to police by the driver charged in the crash that killed Johnny and Matthew Gaudreau will be admissible at trial.
Superior Court Judge Michael Silvanio issued the decision Monday, rejecting a motion by defense attorneys for Sean Higgins, 44, who argued that his Miranda rights were violated during police questioning after the August 2024 crash.
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Last month, Judge Silvanio heard arguments from the state and defense, along with testimony from four New Jersey State Police troopers involved with the case.
During closing arguments on Monday, Silvanio ruled all statements were lawfully obtained by police and ordered them to be admissible at trial.
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Higgins is due back in court for a hearing on December 15.
Earlier this summer, Silvanio denied two separate motions to suppress evidence obtained from Higgins' vehicle, ruling that proper protocol was followed during the post-crash search.
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Johnny, 31, and Matthew, 29, were struck while riding near their hometown on Aug. 29, 2024.
Higgins was found beside his damaged vehicle about a quarter mile from the crash site.
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.
"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. 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.
Johnny Gaudreau, known as "Johnny Hockey," was preparing for his third season with the Columbus Blue Jackets after eight seasons with the Calgary Flames. Matthew Gaudreau played hockey at Boston College and was working as a high school coach.
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