Driver Charged in New Jersey Court in Gaudreau Brothers' Killings – NBC10 Philadelphia

The man accused of being drunk when his car struck and killed NHL star Johnny Gaudreau and his brother Matthew as they were biking near their hometown in South Jersey, is expected to appear in court for a hearing on Tuesday.

Sean Higgins is scheduled to appear in Salem District Court on Tuesday, November 12th. Check back on this page for current information from the court.

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Higgins has been in the Salem County Jail since his arrest in August, in part because of the public nature of the case and the accused drunken driver's driving history.

“I believe the state has convinced this court by clear and convincing evidence that I could not establish cash bail or non-monetary conditions or a combination thereof that would ensure the statutory objectives,” Supreme Court Justice Michael Silvanio said during a detention hearing in September. “For these reasons, I will grant the State’s request 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 ten full seasons in the league and was set to begin his third season with the Columbus Blue Jackets after signing a seven-year, $68 million contract in 2022. He played his first eight seasons with the Columbus Blue Jackets Calgary Flames, a tenure that included becoming one of the sport's best players and a fan favorite across North America.

“This is a high-profile case, an emotionally charged case in which everyone has lost and is losing,” Higgins' attorney Matthew Portella said at the September hearing.

At an earlier hearing, lawyers outlined what happened the night of the fatal accident

The Gaudreau brothers grew up in the Philadelphia suburb of Carneys Point, New Jersey, where they spent their childhood 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.

According to the family, Johnny, 31, and his brother Matt, 29, were scheduled to serve as witnesses at their sister Katie's wedding, scheduled for Friday, August 30, in nearby Philadelphia.

According to New Jersey State Police, the Gaudreaus were riding bicycles on a road in Oldmans Township on Thursday, August 29, when a man driving an SUV in the same direction attempted to hit two others around 8 p.m Vehicles came past and hit them from behind. They were pronounced dead at the scene.

According to police, the striking driver, 43-year-old Higgins, was suspected of being under the influence of alcohol and was charged with two counts of vehicular homicide, reckless driving, possession of an open container and consuming alcohol in a motor vehicle.

Another driver slowed down and moved into the oncoming lane to safely pass the Gaudreau brothers, Salem County First Assistant Prosecutor Jonathan Flynn said at an earlier hearing. The driver behind followed suit – both were traveling just over the posted speed limit of 50 miles per hour.

Higgins allegedly accelerated behind the other two drivers and decided to overtake both cars. Higgins said he saw the driver move into the left lane when he tried to block him, Flynn said. Higgins then responded by accelerating on the right side and hitting the Gaudreau brothers.

Higgins later claimed not to have seen the bikes.

According to the criminal complaint obtained by The Associated Press, Higgins told a responding officer that he had drunk five or six beers before the crash and admitted to consuming alcohol while driving.

Higgins told state police that he also drank in the car while driving, Flynn said in September.

Higgins' attorneys pointed out that in a Sept. 5 report, Higgins' blood alcohol level at the time of the crash on Aug. 29, 2024, was 0.087% – just above the legal limit.

Higgins' lawyer said the BAC showed that Higgins was exactly at the legal limit for drink-driving and that this should not be a mitigating factor to keep him jailed.

However, the state argued that Higgins had made statements about ending his life and was known to drink and drive while angry.

“The crime and what happened are pretty well documented in the files,” the prosecutor said in September.

“This is a serious crime,” the prosecutor argued, saying that Higgins' “impatience, anger and recklessness” led to the deaths of the Gaudreau brothers.

Higgins was a married father of two daughters, ages 8 and 10, and a law-abiding citizen before the crash, his defense argued.

“He is a compassionate person and a loving father of two daughters,” Portella said. “He’s a good person and he made a terrible decision that night.”

Higgins' attorney noted that he had no criminal record and passed letters on his behalf. Portella added that the risk to Higgins not appearing in court is low. His team also prepared a breathing monitor for Higgins' car in case he was released.

The prosecution painted a different picture of Higgins.

Drunk and angry driving was not unusual for Higgins, prosecutors claimed.

Flynn argued that the interlock device would not address what he called the “fundamental problem” of Higgins' “angry and aggressive driving” that day, which was exacerbated by alcohol.

Higgins had committed previous driving violations

NBC10 obtained Higgins' driving story in New Jersey. Our investigators determined that Higgins had previously been stopped by police for unsafe driving and other violations.

Through an open records request to the New Jersey Motor Vehicle Commission, we were able to see that Higgins was involved in two car accidents: one in 2016 and the other in 2021.

He was also charged between 2003 and 2014 with improper driving on a highway with marked lines, improper display of license plates, speeding and unsafe operation of a motor vehicle.

The New Jersey State Department of Motor Vehicles had classified Higgins in “good standing” at the time of the fatal accident.

We also identified two violations in North Carolina, including driving under the influence in 2005 and a speeding ticket in 2021. Both were dismissed.

According to court records, the DWI charge was dismissed because the officer failed to show up for the court date.

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 initially placed on leave by the organization before being fired.

“Our thoughts and condolences go out to everyone affected by the tragedy that resulted in the loss of Johnny and Matthew Gaudreau,” the Norristown-based company said in a statement. “Sean Higgins is no longer an employee of Gaudenzia.”

Higgins' service in Iraq – which earned him a Bronze Star – left him emotionally distressed, his lawyer said.

If you or someone you know is in crisis, call or text 988 to reach the Suicide and Crisis Lifeline or chat live on 988lifeline.org. You can also visit SpeakingOfSuicide.com/resources for additional support.