More than a year after the deaths of NHL star Johnny Gaudreau and brother Matthew, the alleged drunk driver involved in the crash is fighting to get his confessions tossed out of court.
Defence lawyers for Sean Higgins, who has been charged in the deaths of the Columbus Blue Jackets star and his younger brother, argue that he was not properly read his Miranda rights that night.
Meanwhile, prosecutors said that Higgins was read his rights — both at the scene of the accident and at the police station — and he indicated he understood and agreed to speak, according to a report by the Columbus Dispatch.
During Wednesday’s court proceedings in Salem County, N.J., four police officers who responded to the Aug. 29, 2024, crash delivered testimony of Sean Higgins’ statements following the wreck.
New Jersey State Police Sgt. Kenenth Flanegan testified that while en route to the scene of the accident, he came across Higgins outside of his car looking “frantic.”
“I hit them. I hit them,” Flanegan recounted Higgins saying.
Flanegan was the first responder on scene, with EMS arriving shortly after and confirming “there were no signs of life.”
Body camera footage from officers on scene also was played in court, including one video in which Higgins could be heard explaining to New Jersey State Police Trooper Zachary Harding how the crash occurred. Higgins also said in the clip that he was 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 said.
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, “I could detect an odour of alcoholic beverage from defendant’s breath as I spoke to him.”
According to court records, Higgins’ blood-alcohol level was .087, higher than New Jersey’s .08 legal limit.
In another video, Higgins admitted before taking the field sobriety test — which Allonardo testified that he failed – that he “been drinking beers, but I haven’t had one in like two hours,” while also admitting that he had “five or six drinks.”
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 35-year-sentence plea deal.