Prosecutors in Johnny Gaudreau case say charges against driver in fatal crash should stand
- New Jersey prosecutors argue the case against Sean Higgins, accused of hitting and killing Johnny and Matthew Gaudreau, should proceed.
- Prosecutors say there's no evidence Higgins stopped after hitting the brothers and that he had a BAC over the legal limit.
- Higgins' attorneys had requested charges be dismissed, arguing prosecutors withheld information about the Gaudreaus' BAC, which were also above the legal limit.
- Prosecutors maintain New Jersey has no law against cycling under the influence and no evidence suggests the Gaudreaus contributed to the crash.
- Higgins rejected a plea deal in January that would have resulted in a 35-year sentence.
The New Jersey lawyers prosecuting the man accused of hitting and killing Columbus Blue Jackets forward Johnny Gaudreau and his brother Matthew said in new court filings that the case against the driver should be allowed to stand.
Johnny Gaudreau, 31, and his brother, 29-year-old Matthew, died on Aug. 29 after being struck while bicycling on a country road in Oldmans Township, New Jersey. The brothers had been in town to serve as groomsmen in their sister's wedding, which was scheduled for the next day.
Sean Higgins, 44, faces six criminal charges in the brothers' deaths, including aggravated manslaughter, reckless homicide and leaving the scene of a fatal accident. Higgins struck the brothers while trying to pass a vehicle on the shoulder at a high rate of speed, New Jersey court records say.
Higgins is next expected to be in court on April 15.
Prosecutors have said Higgins had a blood alcohol level of 0.087, over the legal limit. Body camera video released by New Jersey State Police shows him telling troopers that he drank multiple beers both before and while driving.
Attorneys for Higgins, who remains in a New Jersey jail while awaiting trial, have filed motions asking to have some, if not all, of the charges against him dismissed. Higgins' attorneys had argued prosecutors did not provide a grand jury reviewing the case with information about the brothers' blood alcohol levels.
Court records say both Matthew and Johnny Gaudreau were over the legal limit, with Matthew's blood alcohol at 0.134 and Johnny's was 0.128.
Prosecutors reiterated in their court filings that New Jersey does not have a law prohibiting the operation of pedal bicycles, which the brothers were operating while under the influence. Prosecutors also have said there have been no statements from witnesses or evidence in the investigation to suggest the Gaudreaus were recklessly riding the bikes or doing anything to contribute to the crash.
Much like those filed by Higgins' attorneys earlier in March, the prosecutor's briefs contain large sections of redactions. Based on the context of what appears around them, much of those redactions appear to be related to grand jury proceedings, which are traditionally secret, and specifics of witness statements that have not been publicly released.
Within the documents filed on March 25 and made publicly visible on Monday, prosecutors say both Johnny and Matthew were unconscious but breathing when at least one person called 911 from the scene.
Both Johnny and Matthew Gaudreau died at the scene from their injuries.
"There is no evidence that the Defendant came to an immediate stop or close thereto after he struck Matthew and John," prosecutors say.
Body camera footage released by New Jersey State police shows troopers speaking to Higgins and Higgins performing field sobriety tests.
Prosecutors also noted that Higgins' attorneys had not presented any counteroffer to the initial plea offered after Higgins had been indicted. Higgins rejected that request in January, which would have resulted in a 35-year prison sentence.
Following the crash, Meredith and Madeline Gaudreau, the brothers' wives, filed a lawsuit against Higgins that was settled for a combined $500,000 that will go toward the care of their children.
Madeline Gaudreau, Matthew's wife, gave birth to the couple's son, Tripp Matthew, in December. Meredith and Johnny Gaudreau share a 2-year-old daughter, Noa, and a 1-year-old son, Johnny. Meredith Gaudreau is pregnant with the couple's third child and is due in April.
The sisters-in-law have also started a foundation in honor of their late husbands to help promote youth hockey initiatives, as well as help families who have been impacted by impaired driving.
Reporter Bethany Bruner can be reached at bbruner@gannett.com or on Bluesky at @bethanybruner.dispatch.com.