NJ Man Accused Of Killing NHL Star, Brother In Drunken Crash To Remain In Jail

WOODBURY, NJ — The man accused of striking and killing NHL star Johnny Gaudreau and his brother, Matthew, while driving drunk will remain in jail, a judge ruled Friday.

Sean M. Higgins has been in custody since he struck and killed Johnny and Matthew Gaudreau while the brothers rode bikes Aug. 29 in Oldsman Township, Salem County, according to State Police.

Higgins was charged with two counts of death by auto. If convicted, he faces up to 20 years in prison, without parole eligibility until he serves 85 percent of the term.

Judge Michael J. Silvanio expressed "significant concerns" about Higgins if he were released and considers the man a risk to drive impatiently and erratically, he said Friday from the Gloucester County Justice Complex in Woodbury during the remote hearing.

Higgins's attorneys — Matthew V. Portella and Richard F. Klineburger, III — did not immediately return Patch's request for comment on Silvanio's ruling. The Salem County Prosecutor's Office declined comment.

Higgins attended the hearing, conducted via Zoom, from a booth at the Salem County Correctional Facility. The 43-year-old Woodstown resident did not testify, but his attorneys spoke on his behalf.

Prosecutors argued that Higgins was not only impaired, but he drove aggressively when he sped around two vehicles and struck the victims without seeing them. Higgins has taken to drinking since working from home, which has had adverse effects on him, and has "a habit of driving with road rage and impatience," said Jonathan Flynn, Salem County's first assistant prosecutor, citing the suspect's wife.

Flynn also claimed that releasing Higgins would put him at greater risk of suicide. Higgins has expressed that the incident has made him suicidal, Flynn said.

The stresses of being the defendant in such a high-profile case, which has garnered media attention around the world, increases Higgins's risk of self-harm, Flynn claimed.

Higgins was temporarily on suicide watch while in jail but has since been removed from it, his attorneys said.

Higgins's attorneys highlighted their client's character, noting his lack of prior criminal history and his military service, which included deployment to Iraq in the mid-2000s. Pretrial services also recommended his release from jail, the attorneys said.

"He’s upstanding, he’s a good person and he made a horrible decision that night," Portella said.

Higgins looked down during much of the hearing. As attorneys on both sides presented arguments, he occasionally breathed heavily, sniffled and wiped his eyes.

His attorneys have a week to appeal his continued detention. He will next appear in court Oct. 15 for a pre-indictment conference.

At the scene of the crash, Higgins told troopers he drank five or six beers before the accident, according to the affidavit into his arrest. He was arrested after failing field sobriety tests, his affidavit says, and has been in jail since.

His blood alcohol content came in at 0.087 percent — higher than the state's legal limit of 0.08.

The Gaudreaus grew up in Salem County and lived there at the time of their deaths. Johnny, 31, became a seven-time NHL all-star and most recently played for the Columbus Blue Jackets. Matthew, 29, played in the minor leagues before returning to South Jersey and coaching.

Johnny and Matthew were set to be groomsmen at their sister's wedding, which was scheduled for the day after they died. Both of their widows are also pregnant. Johnny's wife, Meredith, announced her pregnancy Monday at the brothers' joint funeral and Media, Pennsylvania.