Sean Higgins, charged with involuntary manslaughter in the deaths of Johnny and Matthew Gaudreau, appeared in court on Aug. 21.
A judge denied a request from Higgins’ attorneys to suppress data from his Jeep Grand Cherokee, saying it was collected outside the scope of a warrant.
A separate hearing will address the admissibility of Higgins’ statements to police and whether his Miranda rights were violated.
Higgins previously rejected a plea deal that would have resulted in a 35-year prison sentence.
A New Jersey judge has denied a motion from attorneys for the driver accused of fatally striking Columbus Blue Jackets player Johnny Gaudreau and his younger brother almost a year ago, saying data from the man’s vehicle can be presented if the case goes to trial.
Sean Higgins, 44, is charged with involuntary manslaughter, aggravated vehicular homicide and other charges in connection with the Aug. 29, 2024, deaths of Johnny, 31, and Matthew Gaudreau, 29.
The Aug. 21 hearing centered on a motion filed by Higgins’ attorneys asking for information from his Jeep Grand Cherokee to be kept out of any potential trial.
In court filings, Higgins’ legal team argues the evidence collected from some automated modules was gathered outside the scope of a search warrant.
The filings say information from the Jeep was not recorded during the collision with the Gaudreaus. The New Jersey State Police state in a crash report that collisions between pedestrians or cyclists and vehicles do not typically register in vehicles like the Jeep because the mass and velocity between the two objects is so great.
Higgins’ Jeep only registered changes in velocity of 5 mph or more within 150 milliseconds or when airbags were deployed, court records say.
After hearing arguments from the attorneys for both sides, Superior Court Judge Michael Silvanio denied the suppression request.
Silvanio said that information gathered from the airbag control module for the Jeep Higgins was driving on the night of crash was obtained properly, noting that information is irrelevant to the case at this point. He also said that information that New Jersey State Police gathered from the Jeep’s infotainment system was done properly and could be admitted at a future trial.
A separate hearing is scheduled for Sept. 18 for arguments to be presented about whether statements Higgins gave to New Jersey police after the crash can be used against him or whether his Miranda rights were violated.
Higgins rejected a plea offer in January that would have resulted in a 35-year prison sentence.
What happened to Johnny and Matthew Gaudreau?
Around 8:20 p.m. on Aug. 29, Higgins passed two vehicles while driving on a road in Oldmans Township, New Jersey. Both of the vehicles in front of Higgins had slowed down after seeing the Gaudreau brothers, who were bicycling one in front of the other on the road’s shoulder, according to court and police records.
The brothers had been in town to attend their sister’s wedding, which was scheduled for the next day.
Witnesses, including the two drivers who were in front of Higgins, told New Jersey State police that Higgins had been driving aggressively, speeding up and then falling back several times before passing the first vehicle on the left, according to court records. When the second vehicle moved to the left to give the brothers more space, records say Higgins drove around that vehicle on the right, hitting the brothers.
Higgins and his disabled Jeep were found about a quarter-mile away from where the crash is believed to have occurred, Assistant Salem County (New Jersey) Prosecutor Michael Mestern has said. A blood test after the crash found Higgins’ blood-alcohol level to be 0.087, according to court records.
A police report says Higgins admitted to drinking beer before and while driving, as well as throwing beer cans into a field near where his Jeep had stopped.
Reporter Bethany Bruner can be reached at bbruner@gannett.com or on Bluesky at @bethanybruner.dispatch.com.