The man accused of killing NHL star Johnny Gaudreau and his brother, Matthew, pleaded not guilty to all charges, including first-degree aggravated manslaughter, in an arraignment hearing Tuesday.
Last month, a grand jury indicted Sean M. Higgins on two counts of first-degree aggravated manslaughter and two counts of second-degree reckless vehicular homicide. He was also indicted for tampering with physical evidence (fourth degree) and leaving the scene of a fatal accident (second degree).
Higgins formally entered a not-guilty plea to the charges in the Dec. 11 indictment.
It was revealed Tuesday that New Jersey prosecutors have offered Higgins a 35-year prison sentence if he pleads guilty to both aggravated manslaughter charges and leaving the scene of a fatal accident. Higgins would need to plead guilty to both aggravated manslaughter charges in exchange for consecutive 15-year sentences, Salem County assistant prosecutor Michael Mestern said during Tuesday’s hearing. The offer would also require Higgins to plead guilty to leaving the scene of a fatal accident in return for a five-year prison term.
If convicted at trial, first-degree aggravated manslaughter charges could result in a lengthy prison sentence, with a maximum of 30 years on each count. Vehicular homicide carries a maximum of 10 years per count.
Higgins’ attorneys, Richard F. Klineburger and Matthew Portella, said during the hearing that there are various motions that could be filed, including a motion to dismiss certain counts of the indictment which, they said in an email to The Athletic, believe were improperly charged and presented to the grand jury.
“While this case has garnered significant media attention, it is essential to remember that our client is presumed innocent until proven guilty. As a combat soldier who has served our country with distinction and honor, Mr. Higgins has the utmost faith in our judicial process and would not want to taint the proceedings with statements made outside of the Courtroom,” Klineburger and Portella said in an email to The Athletic. “We believe that the facts of this case will reveal that this tragedy was not the result of any malfeasance but rather a combination of uniquely unfortunate circumstances unlikely to ever occur again.”
Higgins is next scheduled to appear in court on Feb. 4.
New Jersey State Police said in August that the Gaudreau brothers were riding bicycles on County Route 551 when they were hit by Higgins, who was driving a Jeep Grand Cherokee and attempting to pass a car and an SUV on the two-lane road.
Higgins entered the southbound lane and passed a car (the second of the three vehicles on the road) as an SUV, the lead vehicle, was also moving to the southbound lane to create space for the brothers who were biking on the narrow shoulder, according to a probable cause affidavit filed by police.
At the time, Higgins believed the SUV was trying to block him from passing, so he re-entered the northbound lane to pass the SUV on the right, according to the affidavit. About half of Higgins’ vehicle exited the roadway to complete the pass and traveled on the grass, according to a state brief filed by the Salem County Prosecutor’s Office in October. As he passed the SUV, Higgins struck the Gaudreau brothers, who were pronounced dead on the scene. Johnny was 31 and Matthew was 29.
Higgins told police that he consumed five to six beers after finishing work at 3 p.m. ET and admitted to consuming two beers while driving around for two hours before the accident, per the state brief. His blood alcohol level was 0.087 — above the legal limit of 0.08.
According to the brief, Higgins drove 1/10 of a mile down the road before his vehicle became inoperable due to significant damage from the crash. Higgins also admitted that he attempted to hide the beer cans after he struck the brothers.
Higgins has been held in custody at the Salem County Correctional Facility since his arrest on Aug. 29. He was denied bail at a Sept. 13 hearing when Superior Court Judge Michael J. Silvanio said the court had “significant concerns” about Higgins’ “road rage-like behavior” and granted the state’s motion to keep him in jail.
(Photo of Johnny Gaudreau: David Kirouac / Imagn Images)