The judge presiding over the trial of the man accused of killing NHL star Johnny Gaudreau and his brother Matthew in a crash has ruled his confessions are admissible in court.
New Jersey Superior Court Judge Michael Silvanio said Monday that comments from Sean M. Higgins — including an admission that he “hit” the brothers, who were riding bicycles at the time — were given voluntarily and could be used by prosecutors at trial.
“At this time, I’m ordering that all statements made by the defendant Sean Higgins are, in fact, admissible,” the New Jersey judge said via The Athletic.
Defence lawyers for Higgins, who has been charged in the deaths of the Columbus Blue Jackets star and his younger brother, had argued he was not properly read his Miranda rights on the night of the Aug. 29, 2024, crash.
However, prosecutors said Higgins was read his rights — at the scene of the crash and at the police station — and he indicated he understood and agreed to speak, according to a report by the Columbus Dispatch.
During the Oct. 29 court proceedings in Salem County, N.J., four police officers who responded to the fatal crash delivered testimony of Sean Higgins’ statements. Silvanio said Higgins’ statements were lawfully obtained and “freely and voluntarily” made.
“As viewed on the body-worn camera, the court is able to observe the entire time on scene, Mr. Higgins, without any restraint,” Silvanio said. “He’s free to move about … talk on his cellphone, smoke a cigarette.”
What did officers say during testimony?
New Jersey State Police Sgt. Kenneth Flanegan testified that while en route to the scene of the crash, he said he came across Higgins outside of his car looking “frantic.”
“I hit them. I hit them,” Flanegan said in recounting Higgins’ alleged statements.
Flanegan was the first responder on the scene with paramedics arriving shortly after and confirming “there were no signs of life.”
Body camera footage from officers at the scene also was played in court, including a video in which Higgins explains to New Jersey State Police Trooper Zachary Harding how the crash allegedly occurred. Higgins also said in the clip that he was allegedly forced back into the original lane when he hit the two cyclists after attempting to pass a slow-moving vehicle.
“I passed back over because he was passing (in) this lane. I hit the bikers,” Higgins says in the video.
In another video, while getting his blood drawn at the hospital to test his alcohol level, Higgins says: “My life is over. I just hit people, apparently. I don’t know what the hell I just hit. I hit bikers who were in the middle of the road, in the dark.”
New Jersey State Police Trooper Mark Allonardo testified that at the scene he could “detect an odour of alcoholic beverage from (the) defendant’s breath as I spoke to him.”
Blood-alcohol level allegedly exceeded limit
According to court records, Higgins’ blood-alcohol level was allegedly 0.087, higher than New Jersey’s legal limit of 0.08.
In another video, Higgins says before taking the field sobriety test — which Allonardo testified that he failed – that he had “been drinking beers, but I haven’t had one in like two hours.” He also says he had “five or six drinks.”
Silvanio previously had denied two motions to suppress evidence obtained from Higgins’ vehicle, ruling that proper protocol was followed during the post-crash search.
Higgins has pleaded not guilty to reckless vehicular homicide, aggravated manslaughter and related charges. He faces up to 70 years in prison if convicted on all counts and previously rejected a plea deal with a 35-year sentence.