Man charged in deaths of Johnny, Matthew Gaudreau to stay in jail as case plays out

The man accused of killing Columbus Blue Jackets star Johnny Gaudreau and his brother, Matthew, in a drunken driving crash will remain in jail while the case plays out in court, a New Jersey judge ruled Friday morning.

Sean M. Higgins, 43, has been held in custody since his arrest Aug. 29 in Oldmans Township, N.J. He is charged with two counts of vehicular homicide — both are second-degree offenses for which he faces up to a maximum of 10 years on each count.

Superior Court Judge Michael J. Silvanio heard from Higgins’ attorneys and the prosecutor on the merits of whether Higgins should continue to be held at Salem County Correctional Facility should the case go to a trial. New Jersey no longer operates under a cash bail system, meaning a defendant is no longer released or detained based on their ability to post bail. The system now uses a risk assessment system that considers factors, including the defendant’s criminal history, public safety and whether the defendant will appear in court.

Prosecutor Jonathan Flynn of Salem County argued that Higgins should remain in jail due to the severity of the crime and the strength of the evidence against him. He said Higgins made admissions to state police the night of the incident, as well as to his mother and a friend. Two witnesses at the scene could testify should this matter go to trial, Flynn said.

“This is not the type of case where it’s a whodunit or what happened,” Flynn said. “The whodunit and the what happened is pretty well documented in the record.”

The prosecution also alleged that Higgins would be a danger to the community due to a habit of driving with “road rage and impatience” and could “put himself beyond the reach of court” due to his “clear intent to self harm over the regret of what has happened.”

Higgins’ attorneys, Matthew V. Portella and Richard F. Klineburger, argued the 43-year-old was “a model citizen” prior to the incident and cited his military service, including a Bronze Star while serving in Iraq. The defense also argued that the pre-trial recommendation was for Higgins to be released, as he was considered low risk under the new risk assessment.

But Judge Silvanio said the court had “significant concerns” about Higgins’ “road rage-like behavior” in the crash and ultimately granted the state’s motion to keep Higgins in jail.

Police said last month that the Gaudreau brothers were riding bicycles on County Route 551 when they were hit by Higgins, who was driving a Jeep Grand Cherokee and attempting to pass an SUV on the two-lane road.

The SUV had moved to the center of the road to pass the brothers on their bicycles, who were on the SUV’s right side. Higgins then attempted to pass the SUV on the right and struck the Gaudreau brothers from the rear. The crash occurred around 8:30 p.m. ET, about an hour after sunset.

Both brothers were pronounced dead on the scene, according to a probable cause affidavit filed by New Jersey State Police. Johnny was 31 and Matthew was 29.

The brothers were laid to rest Monday at a two-hour service at St. Mary Magdalene Catholic Church in Media, Pa. They were eulogized by their widows, Meredith and Madeline.

Flynn said there was no indication that the brothers had been “swerving or did anything to bring this about.”

According to the affidavit, Higgins told the police he had consumed about five to six beers before and while operating his vehicle. Higgins also told the police he thought the driver of the SUV moved toward the center of the road to prevent Higgins from passing, and he said his consumption of alcohol contributed to his impatience and reckless driving, according to the affidavit.

Higgins’ wife told state police that her husband has been working from home, and has “taken to drinking regularly,” Flynn said.

Judge Silvanio said Higgins’ blood alcohol level on the night of the crash was 0.087 — above the legal limit for impairment. Higgins has seven days to appeal the decision. He will next appear in court on Oct. 15 for a pre-indictment conference.