Driver charged in deaths of Gaudreau brothers pleads not guilty
COLUMBUS, Ohio (WCMH) – The driver accused of killing a member of the Columbus Blue Jackets and his brother appeared before a New Jersey judge Tuesday to enter a plea in the case against him.
Sean Higgins, of Woodstown, New Jersey, appeared in Salem County Superior Court for a post-indictment arraignment hearing, where a plea of not guilty was entered by council on his behalf. He is facing six charges, including vehicular homicide. You can see a report on the indictment in the video player above.
Defense lawyers waived the reading of the indictment and told the judge that a plea offer was made to Higgins on Dec. 23. The offer was that if Higgins pleaded guilty to two counts of aggravated manslaughter, the state would recommend a 15-year prison sentence on both counts, of which he would have to serve 25 1/2 years.
In addition, for pleading guilty to leaving the scene of a fatal accident, the state would have recommended a five-year sentence to be served consecutively.
Defense council notified Judge Michael Silvanio that it intended to file a motion to dismiss certain counts of the indictment and the sides will reconvene in court on Feb. 4.
The arraignment followed a series of hearings after the fatal accident on Aug. 29. Higgins, who was reported with a blood alcohol level of 0.087, struck Blue Jackets forward Johnny Gaudreau and his brother, Matthew, with his vehicle as the brothers were cycling after sunset on a road near Salem.
The two were in New Jersey for the wedding of their sister, Katie. They were buried on Sept. 9 in Philadelphia, where Johnny's wife, Meredith, revealed she was pregnant. Matthew's wife also was pregnant when he was killed and has since given birth.
The entire Blue Jackets program attended the service, and memorial tributes have been widespread across central Ohio and around the NHL.
Higgins, 43 at the time of the accident, was remanded in September after a Salem County judge ruled he would remain in custody without bond. On Nov. 12 a pre-indictment conference took place and an extension was given to allow the sides to possibly reach a plea agreement.
On Dec. 11, Higgins was officially indicted after a grand jury submitted charges of two counts of reckless vehicular homicide, two counts of aggravated manslaughter, tampering with physical evidence, and leaving the scene of a fatal accident.
Police said Higgins was driving behind an SUV that had drifted to the center of the road to give clearance to the brothers. Higgins pulled to the right shoulder to pass the SUV and struck the two. Higgins said he had drank five or six beers before the crash, and he failed a series of sobriety tests at the scene.
Higgins told police he did not see the brothers. Silvanio said this was an indication of his reckless and road-rage behavior, which was documented in statements made by Higgins’ wife and witnesses at the scene.
Prosecutors noted that while Higgins was at the scene once police arrived, he reportedly attempted to discard evidence after he got out of his car a quarter-mile away.