Driver charged with killing Columbus Blue Jackets' Johnny Gaudreau asks judge to toss case
- Sean Higgins' attorneys are seeking to dismiss charges against him in the deaths of Johnny and Matthew Gaudreau, alleging prosecutorial errors and unfair treatment.
- The defense argues that the prosecution withheld information from the grand jury, including potential negligence by the Gaudreau brothers, and that their celebrity status influenced the case.
- Higgins rejected a 35-year plea deal, with his lawyers claiming it was excessive compared to similar cases and driven by the Gaudreaus' fame.
- The Gaudreau widows reached a $500,000 settlement with Higgins' insurance company in a separate civil lawsuit.
Should the case against the driver accused of fatally striking Columbus Blue Jackets forward Johnny Gaudreau and his brother Matthew while allegedly driving under the influence be thrown out?
That's what attorneys for Sean Higgins are arguing should happen in briefs filed in a New Jersey court.
Higgins, 44, is currently facing six charges, including aggravated manslaughter in the Aug. 29 crash that resulted in the deaths of Johnny, 31, and Matthew, 29.
The brothers died after being struck while bicycling on a country road in Oldmans Township, New Jersey. The crash occurred around 8 p.m., and Higgins told New Jersey State police he had not seen the brothers, according to court records.
Witnesses told investigators Higgins had been speeding and driving aggressively before the crash, Salem County prosecutors and court records say. Higgins passed a car on the left, and when another vehicle moved to the left to make room for the brothers, Higgins accelerated on the right, hitting the brothers, according to court records.
A crash report released by New Jersey State Police indicates the brothers were likely riding single file, with Johnny riding ahead of Matthew. The brothers were in town to attend their sister's wedding, which was scheduled to occur the next day. The brothers were both supposed to serve as groomsmen at the wedding.
Higgins stopped a short distance away from the crash, where troopers had him perform field sobriety tests before taking him into custody.
Salem County prosecutors will have several weeks to file their responses to the defense team's motions. A hearing will be held in April.
What is Sean Higgins' defense team arguing?
Lawyers for Higgins said in a 95-page brief made available online Monday that the indictment filed against him should be dismissed because prosecutors did not give a grand jury considering the case all the relevant information.
Grand juries determine whether there is probable cause for a case to move forward to a trial. Grand jury proceedings are typically secret, but attorneys can acquire transcripts in certain situations.
Higgins' lawyers asked the judge to toss the two aggravated manslaughter counts and a count of leaving the scene of a crash because the evidence presented to the grand jury didn't meet the legal standards.
To prove aggravated manslaughter, prosecutors would need to prove Higgins caused the deaths of the Gaudreau brothers, did so recklessly and while under circumstances "manifesting extreme indifference to human life." The last factor is what Higgins' attorneys argued prosecutors didn't present to the grand jury.
Higgins' attorneys also argue that prosecutors did not provide the grand jury members with information about possible "contributory negligence" by the Gaudreau brothers.
In a February court filing withdrawn later the same day, Higgins' attorneys said both Matthew and Johnny Gaudreau's blood alcohol levels were higher than Higgins' at the time of the crash. New Jersey does not have a legal limit for operating a manual bicycle. Higgins' attorneys cited previous court cases that found cyclists were obligated not to be on the road when intoxicated.
Prosecutors have said at court hearings that the brothers' actions did not contribute to the crash and witnesses told New Jersey State troopers the brothers were not riding in the roadway.
Court records say Matthew Gaudreau's blood alcohol level was 0.134, and Johnny Gaudreau's measured at 0.129. Higgins' blood alcohol level was 0.087, according to court records. Body camera video released by New Jersey State Police shows him telling troopers that he drank multiple beers both before and while driving.
"This is clearly not an argument that simply because the cyclists were intoxicated that it somehow exonerates Mr. Higgins ... and the Indictment should be dismissed with prejudice," Higgins' attorneys wrote. "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 throughout the proceedings from start to finish."
The arguments made by the attorneys for Higgins are broken up by large sections of redactions in the court documents, including a 70-page attachment that is completely redacted.
Is 'celebrity' nature of Gaudreau case influencing prosecutors?
A second brief reiterates an argument Higgins’ lawyers made before— that the Gaudreau brothers’ “celebrity status” has caused prosecutors to treat Higgins unfairly.
In January, Higgins rejected a plea offer that would have resulted in a 35-year prison sentence.
"This offer is greatly out of the range of other plea offers made in Salem County over the past few years and it seems that the State is improperly enhancing same due to the publicity surrounding the matter at bar," Higgins' attorneys wrote.
The attorneys cite several cases with similar circumstances — where a driver caused the death of a pedestrian or cyclist — where drivers were offered significantly less prison time.
"It seems that the State is treating Mr. Higgins differently than other Defendants similarly charged and situated due to the 'high profile' nature of the case at bar and the celebrity status of the victims herein. There can be no other explanation for why the death of a teacher by a defendant with a 0.22% BAC who also had a child in the vehicle with him resulted in a prison sentence of seven years as opposed to Mr. Higgins who presumably had a BAC of .087," the attorneys wrote.
"If Mr. Higgins was a professional athlete or famous actor it is presumed that the State would not give him any preferential treatment. By way of the converse, his ability to effectively plea bargain should not be limited nor hampered by the fact that the victims' status garners such publicity so as to influence the State's position."
Settlement reached by Gaudreau widows with Higgins in civil suit
Both Meredith and Madeline Gaudreau, the wives of Johnny and Matthew Gaudreau, respectively, filed civil lawsuits against Sean Higgins in January, according to New Jersey Superior Court records.
On Feb. 28, court records show both women reached an agreement with Higgins' insurance company to split a $500,000 settlement. The plan allows for periodic payments to help support the children the brothers left behind.
In December, Madeline Gaudreau gave birth to Matthew's son, Tripp Matthew. Meredith Gaudreau is currently pregnant with her third child with Johnny. The couple share two other children, 2-year-old Noa and Johnny Jr., who turned one in February.