The driver accused of killing NHL star Johnny Gaudreau and his brother faces more severe charges under a new indictment.
Sean M. Higgins, 44, is accused of aggravated manslaughter and other crimes under charges brought by a Salem County grand jury on Dec. 10. The Pilesgrove, New Jersey, man has been jailed on two counts of vehicular homicide since his arrest after an Aug. 29 crash that killed Johnny Gaudreau and his brother, Matthew.
Authorities allege that the vehicle driven by Higgins struck the brothers as they were bicycling on the narrow shoulder of a rural road in Oldmans Township.
Johnny Gaudreau, a 31-year-old member of the Columbus Blue Jackets, and his 29-year-old brother, Matthew Gaudreau, were declared dead at the scene, just a few miles from their Salem County homes.
Higgins was driving while intoxicated and had passed a vehicle on the right at high speed when he hit the bicyclists, according to the Salem County Prosecutor’s Office.
Higgins “explicitly stated to the effect that his consumption of alcoholic beverages contributed to his impatience and reckless driving, which resulted in the motor vehicle accident,” said a criminal complaint.
Aggravated manslaughter, a first-degree offense, occurs when a person ‘recklessly causes death under circumstances manifesting extreme indifference to human life,’ according to New Jersey’s criminal code.
If convicted, Higgins could be sentenced to a term of 10 to 30 years for each manslaughter count.
The indictment continues to charge Higgins with two counts of reckless vehicular homicide, each of which expose him to a 10-year term.
The indictment also accuses Higgins of tampering with physical evidence and leaving the scene of a fatal accident, the prosecutor’s office said.
Higgins also faces traffic charges, including driving while intoxicated and reckless driving.
The charges against Higgins are only accusations. He has not been convicted in the case.
An attorney for Higgins, Richard Klineburger III, could not be reached for comment.
But in a statement released to other media outlets, Klineburger said it would be ‘unfair’ to Higgins and the public to speak on the case ‘until a full evaluation and review has been completed.’
‘We will provide additional information and statements in the future, as appropriate,’ he said.
Higgins is scheduled to appear at an arraignment hearing Jan. 7 before Superior Court Judge Michael Silvanio in Salem.
(This story was updated to add information.)
Jim Walsh is a senior reporter for the Courier-Post, Burlington County Times and The Daily Journal. Email: Jwalsh@cpsj.com.