Accused drunk driver in Gaudreau brothers’ death admits to drinking in car
COLUMBUS, Ohio ( WCMH ) – The man accused of killing a Columbus Blue Jackets forward and his brother in August reportedly admitted to New Jersey State Police that he was actively drinking alcohol while driving before a fatal crash.
Sean Higgins, of Woodstown, N.J., appeared in Salem County Superior Court Friday for a detention hearing in connection with the deaths of Blue Jackets forward Johnny Gaudreau and his brother Matthew. Counsel on both sides argued whether Higgins, accused of vehicular homicide, should be detained for trial or released on bond.
Judge Michael Silvanio, taking into account primarily prior alleged behavior, ruled that Higgins will remain in custody without bond.
Salem County First Assistant Prosecutor Jonathan Flynn revealed to Silvanio statements made by Higgins, his wife and witnesses to state police in an effort to keep Higgins in custody while court proceedings continue, and eventually throughout a potential trial.
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Among those statements, Higgins' admitted to state police that on Aug. 29, he was actively drinking in the vehicle that killed 31-year-old Johnny Gaudureau and his brother Matthew, 28, who were reportedly run over while riding bicycles on County Road 551 near Salem, New Jersey.
According to the prosecution, Higgins has a prior history of road-rage behavior and a recent habit of drinking. Flynn said statements made by Higgins' wife including, "I've told you before not to do that stuff," and, "You were probably driving like a nut, like I always tell you you do," are proof of recent and past behavior.
"He is simply impatient and angry at the speed of the two vehicles that are in front of him," Flynn said to the judge. "He has (also) been drinking, which is not unfortunately out of character for him."
Flynn further described the scene of the crash, where a witness told police Higgins was speeding up behind her, then slowing down, and again accelerating close behind her, before he attempted to pass both cars.
Police said Higgins tried to pass an SUV, which had attempted to pass the Gaudreau bothers safely, on the right side of the road before striking and killing both.
Higgins told police he did not see the cyclists. Silvanio said this was an indication of his reckless and road-rage behavior.
New Jersey State Police reported Higgins, who remained at the scene, admitted he consumed approximately five or six beers before the crash. He then failed a series of standardized field sobriety tests, and his blood alcohol level tested at 0.087, above the legal limit of .08, according to lab results noted by the prosecution.
Flynn argued that because of those circumstances, Higgins posed a risk to the community if he were allowed out on bail.
Flynn also noted that Higgins, who was admittedly "freaked out" at the crash scene, was placed on suicide watch in jail, citing it as another cause for concern that Higgins may pose as a flight risk or perhaps harm himself pending a trial.
"We can't ignore it's a highly public and scrutinized case which has received national attention," Flynn said. "This will weigh on him even more, adding an extra cautionary layer about what he may do to put himself beyond the reach of the court."
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Defense attorney Matthew Portella argued on behalf of Higgins, citing that he was the lowest rated risk to avoid court proceedings, according to New Jersey statutes, and that the suicide watch had been lifted after his moments of panic had dissipated. The defense was also prepared to agree to a mental health evaluation and driving restrictions to appease the court, should he be released.
"He is not going to flee. He is not going to subvert justice," Portella said. "He will stay here to resolve this case."
Portella also cited 11 letters of support Higgins' character, that he fully cooperated with authorities at the crash scene and during interviews afterward, his clean criminal record, his military service, ties to the community, family living in the immediate area, as well as his dedication to his daughters, ages 8 and 10.
It was at the point during the proceedings Higgins, who worked at a drug and alcohol treatment center and is listed as a major with the New Jersey National Guard, became visibly emotional, a factor not lost on Silvanio. But it ultimately did not persuade him to issue a bond amount.
Silvanio said during his assessment that while the court cannot detain a defendant based solely on charges, the court can take into account the seriousness of the charges.
"There are issues with regard to prior operation where (Higgins) has experienced road rage, even if not record," Silvanio said. "And it resulted in the deaths of two young men."
"Mr. Higgins is obviously very upset, and the court does take that into account," Silvanio continued. "The numerous letters, military service background, but I also have to weigh public safety. The state has convinced the court for detainment."
Higgins and his defense team have seven days to appeal the judgement. His next scheduled court date is Oct. 15 for a preindictment conference.
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Johnny and Matthew Gaudreau were laid to rest on Sept. 9 in Philadelphia on Monday. The entire Blue Jackets program was in attendance and memorial tributes for the brothers have been widespread throughout central Ohio, at their alma mater in Boston College and in Calgary, where Johnny played for eight seasons before joining the CBJ .
Johnny's wife Meredith revealed at the memorial service that the family is expecting a third child , due in six months.
