No matter what crimes they're accused of, the U.S. Constitution requires that all people receive the due process mandated by the Fifth Amendment. This requirement to have their day in court means that defense attorneys may face the task of defending their clients against significant evidence and the harsh disapproval of public opinion. Regardless, they are professionally and ethically bound to provide the best representation they can.
On April 15, 2025, a New Jersey Superior Court Judge denied motions to dismiss several charges against Sean Higgins. Higgins is accused of killing Johnny Gaudreau, a star hockey player for the Columbus Blue Jackets, and his brother Matthew Gaudreau as they bicycled on the side of the road on August 29, 2024. Higgins, who failed a sobriety test at the scene, faces multiple charges and up to 70 years in prison if convicted.
There Are No Winners Here
As additional details about the horrific day are revealed, it feels like something from one of Shakespeare's bleakest tragedies. Higgins was driving on Route 551, a two-lane rural road in Salem County, New Jersey, on the evening of August 29. He later admitted to having had five or six beers after finishing work that day and having two more while driving. He was employed at a substance abuse treatment center.
Stuck behind two vehicles he thought were driving slowly, Higgins said he became "impatient" and, pulling out to the left, passed the middle vehicle. The driver of the lead vehicle, who had spotted the Gaudreau brothers riding on the fog line (the white line along the outer edge of the road) heading in the same direction she was going, moved to the center of the road to give them room.
Thinking the lead vehicle had moved over to stop him from passing, Higgins swerved back to illegally pass on the right. Witnesses claimed Higgin was speeding and driving aggressively when his vehicle, half on the road and half in the shoulder, struck both brothers. They were thrown from their bikes. Higgins claims his vehicle stalled and he stopped immediately, but his vehicle ended up 1,500 feet from the point of impact.
The other drivers stopped and attempted to render aid, but both brothers died before ambulances arrived. The Gaudreaus were in town to be groomsmen at their sister's wedding the following day. Making things even more dismal, the wives of both men were pregnant at the time.
Worth a Shot
Higgins' blood alcohol concentration (BAC) in the aftermath of the accident was 0.087, above the minimum intoxication threshold in New Jersey. He was indicted by a grand jury in January 2025 for two counts each of first-degree aggravated manslaughter and second-degree reckless vehicular homicide, along with single counts of second-degree leaving the scene of a fatal accident and fourth-degree tampering with physical evidence (trying to hide the empty beer cans in his vehicle).
April's court appearance dealt with motions filed by the defense in February and March. Facing a maximum sentence of 70 years, Higgins turned down a plea deal for 35 years in January 2025. His lawyers claimed the offer was too high due to Johnny Gaudreau's fame and demanded the prosecution hand over other plea bargain offers for vehicular homicides. The judge denied the motion.
Higgins sought the dismissal of the aggravated manslaughter charges, with his attorneys arguing that his BAC impairment meant he wasn't capable of showing the extreme indifference required for those offenses. They also moved to have the leaving the scene charge voided, claiming that Higgins stopped immediately. This contradicts the testimony of the witnesses.
The defense further questioned the findings of the grand jury, accusing the prosecution of not sharing that the Gaudreau brothers were also legally intoxicated at the time of the accident and weren't wearing lights. This, they argued, denied the grand jury the chance to assign any contributory negligence to the Gaudreaus.
Attorneys for the state argued that there are no laws against bicycling while intoxicated and that witnesses testified that the brothers were properly riding in a single-file where they were supposed to. They filed a motion to bar the toxicology report from being used during the trial by the defense.
Higgins' attorneys pointed out that they were obligating their ethical requirements to best represent their client and that they weren't blaming the two bicyclists for the incident, insisting that would be "ridiculous" and "wrong."
With the judge denying their motions, the defense may have to develop a different approach. The next court date is scheduled for June 10.
Related Resources
- How Does a Grand Jury Work? (FindLaw's Criminal Procedure)
- Drunk Driver Charges for Death of NHL's Johnny Gaudreau and Brother (FindLaw's Law and Daily Life)
- New Jersey Death by Auto Law (FindLaw's New Jersey State Law)
