What to Know
- Sean Higgins is accused of death by auto, reckless driving and other counts in the Aug. 29, 2024, Oldmans Township, New Jersey crash that killed NHL star Johnny Gaudreau and his brother Matthew as they biked the night before their sister's wedding.
- Higgins was flanked by his attorneys as he appeared in person in Salem County court on Nov. 12, 2024, for a pre-indictment conference.
- At the brief hearing, attorneys agreed to extend that window for a grand indictment filing for the next 30 days.
The man accused of being drunk when his car struck and killed NHL star Johnny Gaudreau and brother Matthew as they biked near their South Jersey hometown the night before their sister's wedding appeared in person in court Tuesday morning for a hearing.
Sean Higgins -- handcuffed and in green jail clothes -- was flanked by his attorneys as he sat in a packed Salem County courtroom on Tuesday, Nov. 12, for a pre-indictment conference.
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The two-minute hearing was mostly procedural as an agreement was made among counsel in judge's chambers ahead of time to give the state another 30 days to file a grand jury indictment, Superior Court Judge Michael Silvanio said.
First Assistant Prosecutor Jonathan Flynn of Salem County calling it "relatively straightforward," confirmed to Judge Silvanio Tuesday that after negotiation the state's original request for a 60-day window to file the indictment was shortened to a 30-day extension in agreement with the defense.
On the 30-day extension window: "I believe judge -- based on my communications with state police -- should be more than adequate to allow me to obtain the discovery," Flynn said.
In court, Higgins' legal team agreed to the 30-day window to have the indictment filed.
No new court dates were given. Superior Court Judge Michael Silvanio noted that "if and when your case is presented to the grand jury -- if you're indicted -- you'll get a court date for a post-indictment arraignment. You'll be brought back to court for the hearing at that time."
Silvanio left open the window for Higgins, 44, to appear in court between now and then.
"If, however between now and then, the state makes an offer and you have that discussion with your attorney we can always bring you back in sooner," Silvanio told Higgins.
Higgins faces up to 20 years in prison if convicted.
Higgins' attorneys whispered some words to him before he was led out of the courtroom.
Why Sean Higgins remains behind bars
There was no mention Tuesday about Higgins' ongoing detainment.
Higgins' has remained in Salem County Jail since his August arrest -- in part because of the public nature of the case and the accused drunken driver's history of road rage.
"I believe the state has convinced this court by clear and convincing evidence that there is no amount of monetary bail, or non monetary conditions, or combination thereof, that I could put in place that would ensure the statutory goals," Judge Silvanio said during a September detention hearing. "For those reasons I am going to grant the state's motion to detain Mr. Higgins pending the further outcome of this case."
The case is being closely followed far beyond South Jersey. Johnny Gaudreau, known as “Johnny Hockey,” played 10 full seasons in the league and was set to enter his third with the Columbus Blue Jackets after signing a seven-year, $68 million deal in 2022. He played his first eight seasons with the Calgary Flames, a tenure that included becoming one of the sport’s top players and a fan favorite across North America.
“This is a highly-publicized case, it’s an emotionally-charged case and one in which everybody has lost and is losing,” Higgins' attorney Matthew Portella said at the September hearing.
At earlier hearing, attorneys laid out what happened on night of deadly crash
The Gaudreau brothers grew up in the Philadelphia suburb of Carneys Point, New Jersey, where they spent their childhoods on the ice. They played at Gloucester Catholic High School, with Team Comcast and with the Philadelphia Little Flyers. Johnny went on to an All-Star career in the NHL.
Johnny, 31, and brother, Matt, 29, were set to serve as groomsmen at their sister Katie’s wedding that was scheduled for Friday, Aug. 30, in nearby Philadelphia, according to family.
The Gaudreaus were cycling on a road in Oldmans Township on Thursday, Aug. 29, when a man driving an SUV in the same direction attempted to pass two other vehicles and struck them from behind at about 8 p.m., according to New Jersey State Police. They were pronounced dead at the scene.
Police said the striking driver, Higgins, was suspected of being under the influence of alcohol and charged with two counts of death by auto, along with reckless driving, possession of an open container and consuming alcohol in a motor vehicle.
Another driver had slowed down and pulled into the opposing lane of traffic to safely pass the Gaudreau brothers, Flynn said at an earlier hearing. The trailing driver followed suit -- both moving slightly above the 50 mph posted speed limit.
It is alleged that Higgins came speeding up behind the two other drivers and decided to overtake both cars. Higgins said he saw the driver moving to the left lane as that driver trying to block him, Flynn said. Higgins then reacted by accelerating on the right hand side, striking the Gaudreau brothers.
Higgins later claimed to have not seen the bikes.
Higgins told a responding officer he had five or six beers prior to the crash and admitted to consuming alcohol while driving, according to the criminal complaint obtained by The Associated Press.
Higgins told state police that he was also drinking in the car while driving, Flynn said in September.
Higgins' attorneys pointed out that a Sept. 5 report on Higgins' blood alcohol at the time of the Aug. 29, 2024, wreck was .087% -- just above the legal limit.
Higgins' attorney said the BAC showed that Higgins was right around the intoxicated driving legal limit and that shouldn't be a mitigating circumstance in keeping him jailed.
However, the state argued that Higgins had made statements about ending his life and was known to drink and drive angrily.
"The whodunit and what happened is pretty well documented in the record," the prosecuting attorney said in September.
"This is a serious crime," argued the prosecuting attorney, saying that Higgins' "impatience, anger and recklessness" led to the Gaudreau brothers' deaths.
Higgins is a married father to two daughters, ages 8 and 10, and a law-abiding citizen before the crash, his defense argued.
“He’s an empathetic individual and he’s a loving father of two daughters,” Portella said. “He’s a good person and he made a horrible decision that night.”
Higgins' attorney noted he had no previous record and shared letters on his behalf. Portella added that Higgins was low risk to not show up for court. His team also offered a breath monitoring machine on Higgins' car should he be released.
The prosecution painted another picture of Higgins.
Driving drunk and upset is not out of character for Higgins, prosecutors alleged.
Flynn argued that the locking device would not stop what he called “the fundamental issue” of Higgins's “angry and aggressive driving,” exacerbated that day by alcohol.
Higgins had previous driving violations
NBC10 obtained the New Jersey driver history for Higgins. Our investigators found that Higgins had previously been stopped by police for unsafe driving and other violations.
Through an open records request to New Jersey's Motor Vehicle Commission, we were able to see that Higgins was involved in two car crashes: One in 2016 and the other in 2021.
He was also cited between 2003 and 2014 for improper operation in a highway with marked lines, improper display of plates, speeding and unsafe operation of a motor vehicle.
The state of New Jersey Motor Vehicle Commission had Higgins listed "in good standing" at the time of the deadly crash.
We also found two violations in North Carolina that included driving while intoxicated in 2005 and a speeding ticket in 2021. Both were dismissed.
According to court records, the DWI was dismissed because the officer did not show up for the court date.
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Higgins was an Army veteran who worked at an alcohol treatment center
Higgins is a graduate of Drexel and Rutgers universities and a U.S. Army veteran who served in Iraq, his attorneys said. Higgins worked in finance for an addiction treatment company.
Higgins was an employee at Gaudenzia, a nonprofit drug and alcohol treatment center, at the time of the crash. He was at first placed on leave by the organization before being fired.
"Our thoughts and condolences remain with all those impacted by the tragedy that resulted in the loss of Johnny and Matthew Gaudreau," a statement from the Norristown-based company said. "Sean Higgins is no longer an employee of Gaudenzia."
Higgins' service time in Iraq -- which left him honored with a Bronze Star -- left his mentally scared, his attorney said.
If you or someone you know is in crisis, call or text 988 to reach the Suicide and Crisis Lifeline or chat live at 988lifeline.org. You can also visit SpeakingOfSuicide.com/resources for additional support.
