New Development In Deaths Of NHL Star, Brother Sparks Legal Debate

SALEM COUNTY, NJ — Evidence that NHL star Johnny Gaudreau and his brother were riding bicycles while drunk is no reason to dismiss the indictment against the man accused of fatally striking them while driving drunk in Salem County, prosecutors said in court documents released Monday.

Sean Higgins, 44, struck and killed Johnny and Matthew Gaudreau in August while the brothers were riding their bikes in Oldmans Township, according to police.

Higgins was initially charged with two counts of second-degree vehicular homicide and faced up to 20 years in prison. But a grand jury indicted Higgins on Dec. 11 with steeper charges, including two counts of first-degree aggravated manslaughter.

In January, Higgins's attorneys indicated that they would reject the state's plea deal of a 35-year prison sentence. Higgins faces up to 70 years behind bars if he's convicted of all counts.

Higgins is set to appear in court on April 15 for a final disposition — another chance for the case to be resolved before potentially going to trial.

During the crash, Higgins had a concentration of 0.87 percent, which is above New Jersey's legal limit for operating a motor vehicle, according to prosecutors.

In recent court filings, Higgins's attorneys have stated that Johnny and Matthew Gaudreau showed "contributory negligence" by cycling while drunk. Johnny had a blood alcohol concentration of 0.129 percent, while Matt registered at 0.134 percent, according to the defense attorneys.

The indictment should be dismissed because prosecutors didn't inform the grand jury that the Gaudreau brothers were intoxicated, according to attorneys Richard F. Klineburger, III and Matthew V. Portella, who represent Higgins.

They have also argued that Higgins is facing improperly severe penalties because of the publicity surrounding the case, which has received widespread attention from the NHL's international fanbase.

"This is clearly not an argument that simply because the cyclists were intoxicated that it somehow exonerates Mr. Higgins," his attorneys wrote in court documents on March 4. "... Rather, in an effort to ensure that a matter of this magnitude where the State is making a plea offer where they are requesting five times the state prison sentence of others similarly charged, there is a heightened need for transparency from start to finish."

However, prosecutors say this is not grounds for dismissal, since the state's drunk driving laws only apply to motor vehicles.

The Gaudreaus "were neither operating a motor vehicle nor a moped" during the deadly crash, wrote Salem County Assistant Prosecutor Michael Mestern.

In the indictment, Higgins was charged with two counts of aggravated manslaughter (first-degree), two counts of reckless vehicular homicide (second-degree), leaving the scene of a deadly accident (second-degree) and tampering with physical evidence (fourth-degree).