Sean Higgins, the man accused of the death of the NHL star Johnny Gaudreau and his brother Matthew, will be judged this summer for the original charges in his accusation after a New Jersey judge denied the claim of his defense lawyer that the consumption of drinks of the brothers contributed to their deaths.
The judge of the Superior Court Michael Silvanio made his ruling in the Court on Tuesday after almost two hours of arguments, deciding that all charges against Higgins would be confirmed.
Sean M. Higgins, the driver accused of killing the NHL hockey player Johnny Gaudreau and his brother Matthew while they were bicycle, sits in Salem County, NJ, judged on April 15, 2025, in Salem, NJ (AP Photo/Matt Rourke)
“There is no credit on the argument that there was contributing negligence by cyclists,” said Silvanio.
The assistant prosecutor Michael Mesternn added during the hearing that the defense argument was “a scope to say the least.”
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According to judicial records, Johnny and Matthew Gaudreau had a blood alcohol level of .129 or more when they mounted on bicycles along the side of a road on August 29 on the eve of their sister’s wedding.
They were killed when Higgins hit them with their vehicle while trying to pass a vehicle on the right side. But the testimony of the witnesses supported that the brothers did not ride the bicycles recklessly.
“There are four witnesses who witnessed the defendant accelerating and passing illegally to the bronco on the right when he hit the brothers. The witnesses also saw the brothers set up a single file, with the traffic flow, in the fog line just before being hit by the accused,” Mestern wrote in a memo this month.
Guy Gaudreau, father of the NHL player Johnny Gaudreau and Matthew Gaudreau, walks through the County Court in Salem, NJ, Tuesday, April 15, 2025. (AP Photo/Matt Rourke)
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Higgins’s blood alcohol level was .087, which is on the legal limit of .080 in New Jersey.
He was accused of two positions of aggravated homicide, two charges of vehicular homicide, manipulation of evidence and abandoning the scene of an accident. He also admitted to the police that he had been drinking that day, even while driving.
Higgins lawyers said the motion was not to blame the brothers and argued that the Grand Jury did not hear all the facts before approved the charges.
Sean M. Higgins, the driver accused of killing the NHL hockey player Johnny Gaudreau and his brother Matthew while they were by bicycle, appears in Salem County, NJ, Palace of Justice, Tuesday, April 15, 2025, in Salem, NJ (AP Photo/Matt Rourke)
Higgins declared himself innocent in January and could face up to 70 years in prison if he declares himself guilty of all charges. Go back to court on June 10.
