NJ Man Accused Of Killing NHL Star, Brother Makes Court Appearance

SALEM, NJ — The man accused of fatally striking NHL star Johnny Gaudreau and his brother is facing improperly severe penalties because of the publicity surrounding the case, the attorneys representing Sean Higgins said in legal briefings filed Tuesday.

Sean Higgins was arrested in late August after authorities say he struck and killed Johnny Gaudreau, 31, and Matthew Gaudreau, 29, as the victims rode bicycles in Salem County. He has been jailed since then.

Higgins, 44, of Woodstown, rejected a plea deal for a 35-year prison sentence last month through his attorneys. The rejected bargain would've made him parole eligible after 30 years.

Johnny Gaudreau was a seven-time NHL all-star who played for the Columbus Blue Jackets at the time of his death. Matthew played in the minor leagues before returning to South Jersey and coaching. Their deaths sent shockwaves through the NHL's international fanbase.

Higgins appeared in court Tuesday for an initial case disposition conference — a chance for his attorneys and the Salem County Prosecutor's Office to discuss matters before the case potentially goes to trial.

He's set to return to the Salem County Courthouse on March 26, when a final disposition conference will take place. On that date, attorneys on both sides are set to make motion arguments.

Higgins's attorneys — Richard F. Klineburger, III, and Matthew V. Portella — filed a motion to dismiss their client's charges on Tuesday.

Higgins was initially charged with two counts of second-degree vehicular homicide and faced up to 20 years in prison. But a grand jury indicted Higgins on Dec. 11 with steeper charges, including two counts of first-degree aggravated manslaughter.

He was also charged by indictment with second-degree leaving the scene of a fatal accident and fourth-degree tampering with physical evidence.

In similar incidents, Salem County prosecutors have offered plea bargains with far shorter prison terms than the 35-year sentence offered to Higgins, his attorneys claim.

"This offer is greatly out of the range of other plea offers made in Salem County over the past few years and it seems that the State is improperly enhancing same (the prison term offered to Higgins) due to the publicity surrounding the matter," the defense attorneys said in a briefing filed Tuesday.

Klineburger and Portella pointed to a recent Salem County case in which a driver consumed alcohol and weed before driving. The suspect fatally struck a cyclist, fled the scene and drove past a police car trying to stop him, they said.

In October, the driver pleaded guilty to second-degree vehicular homicide in exchange for a seven-year prison sentence.

Higgins's lawyers also filed a motion to dismiss, claiming that the state failed to present evidence to the grand jury that indicates his innocence.

During the crash, Johnny and Matthew Gaudreau were biking up Route 551 North, close to a fog line on the roadway in Oldmans Township, police said. Higgins was driving in the same direction, behind a sedan and SUV.

Higgins got impatient and tried to speed past both motor vehicles before striking Johnny and Matthew Gaudreau, according to the Salem County Prosecutor's Office.

After hitting the victims, Higgins continued driving until his car broke down about a quarter-mile down the road, prosecutors said. He then got out of the car and discarded various items that are now evidence, according to the SCPO.

At the scene, a state trooper reported smelling alcohol in Higgins's breath. The suspect told police that he drank five or six beers before the accident, according to the affidavit into Higgins's arrest.

Higgins was arrested after failing sobriety tests at the scene, the affidavit says.