The man accused of striking and killing Johnny and Matthew Gaudreau allegedly solicited his friends to help him hide alcohol immediately after the incident, according to the brothers’ attorneys.
Sean M. Higgins, who faces six charges including aggravated manslaughter and reckless vehicular homicide in the August 2024 deaths of Johnny, 31, and Matthew, 29, appeared in a New Jersey courtroom on Tuesday, April 15, as his lawyers attempted to convince a judge to throw out parts of the indictment against their client.
Higgins has pleaded not guilty to all charges.
During his argument in support of the case, Salem County Assistant Prosecutor Michael Mestern said Higgins did not call 911 after he allegedly struck Johnny and Matthew with his Jeep while they were riding their bicycles, according to The Columbus Dispatch.
Mestern further argued that Higgins allegedly made calls to other acquaintances and tried to get rid of both open and unopened alcoholic beverage containers that were inside his SUV.
When New Jersey State Police eventually arrived on the scene, Higgins admitted to consuming “five to six beers” before the incident. He also admitted to drinking while he was operating the vehicle.
Higgins’ blood-alcohol level was allegedly .087, over the legal limit of .08.
Much of the hearing on Tuesday centered around Johnny and Matthew’s alleged blood alcohol levels. In a February court filing, it was revealed that Johnny allegedly had a blood-alcohol concentration of 0.129% when he was killed, while Matthew’s concentration was 0.134%.
Higgins’ attorneys, Matthew Portella and Richard Klineburger, said prosecutors had not presented evidence to the grand jury about the Gaudreau brothers’ blood-alcohol levels.
In front of a courtroom crowd on Tuesday that included Johnny and Matthew’s parents, Guy and Jane, their sisters, Katie and Kristen and Katie’s fiancé, Devin Joyce, Portella treaded lightly when he discussed the brothers’ drinking on the night of their deaths.
“We are not blaming the two bicyclists for the incident,” Portella said. “That would be ridiculous. That would be wrong.”
Higgins’ attorneys have also attempted to argue that their client was unaware he had collided with Johnny and Matthew on the night of the incident, which Mestern criticized on Tuesday.
“It’s impossible for someone with a straight face to do that much damage to a vehicle and not know you hit something,” Mestern said. “He could have immediately stopped. He chose not to. When he realized he wasn’t going to be able to get out of this situation, he pulled over. He pulls over and gets rid of the evidence.”
Ultimately, Judge Michael Silvanio sided with the prosecution on Tuesday and upheld all the charges against Higgins.
Silvanio said, “There’s no credence in the argument there was contributory negligence on the part of the cyclists.”
Read the full article here
