Defense attorneys for Sean Higgins, the South Jersey man charged in the 2024 crash that killed NHL star Johnny Gaudreau and his brother Matthew, continue pressing legal challenges as the case advances in Salem County Superior Court.
This week, the Superior Court’s Appellate Division denied Higgins’ request to pursue an interlocutory appeal over whether statements he made to police should be suppressed. In its ruling, the court found the defense had not shown “sufficient justification to overcome the strong policies disfavoring piecemeal review of litigation.”
“Both Mr. Klineburger and I are disappointed with the Appellate Court’s decision not to accept and hear the interlocutory appeal on its merits and the arguments on such an important Constitutional issue in Mr. Higgins’ case,” defense attorney Matthew V. Portella said in a statement.
The appellate decision leaves in place an earlier ruling by Judge Michael Silvanio allowing Higgins’ statements to investigators to be used in court.
Prosecutors have said Higgins recorded a blood-alcohol concentration of .087 following the Aug. 29, 2024, crash, slightly above New Jersey’s .08 legal limit.
Police body camera footage previously presented in court shows Higgins telling officers, “I’ve been drinking beers,” and later stating, “I haven’t had one in like two hours.”
Defense attorneys have argued that testing results show a reading of .075, below the legal threshold. Prosecutors maintain the .087 result supports the charges.
The dispute over intoxication remains central as pretrial motions continue.
Higgins, 45, of Woodstown, is charged with two counts each of aggravated manslaughter and reckless vehicular homicide, along with evidence tampering and leaving the scene of a fatal accident.
Prosecutors previously extended a 35-year plea offer, which Higgins rejected. Defense attorneys have since submitted a new plea proposal, though its terms have not been publicly disclosed.
If convicted on all counts, Higgins faces the possibility of decades in prison.
The crash occurred on County Route 551 in Oldmans Township, Salem County, roughly 40 miles south of Philadelphia. Investigators have alleged Higgins struck the Gaudreau brothers while attempting to pass slower-moving vehicles on the rural roadway.
Earlier in the case, defense attorneys argued the cyclists may have contributed to the collision. Judge Silvanio rejected that claim, stating, “There’s no credence in the argument there was contributory negligence on the part of the cyclists.”
Assistant Prosecutor Michael Mestern responded at the time, “To say that their BACs may have contributed to the cause of death is a reach to say the least.”
The rulings limited the scope of arguments heading toward trial.
Higgins is scheduled to return to Salem County Court for further pretrial proceedings, including a discretionary conference previously set for late February. The case continues to draw attention across South Jersey and the Delaware Valley as both sides litigate evidentiary challenges ahead of trial.
Johnny Gaudreau, 31, was a former NHL All-Star who played for the Calgary Flames and Columbus Blue Jackets. His brother Matthew, 29, also played hockey and coached locally. The brothers were struck the night before their sister’s wedding.
As proceedings continue, the admissibility of Higgins’ statements and the competing blood-alcohol readings remain at the center of the case.
