Judge admits all comments made by defendant in Gaudreau trial as evidence

COLUMBUS, Ohio (WCMH) -- A New Jersey judge ruled Monday that roadside comments made by the man accused of fatally hitting the Gaudreau brothers can be admitted as evidence in court.

Attorneys for Sean Higgins, the man accused of striking and killing Columbus Blue Jackets forward Johnny Gaudreau and his brother Matthew, argued the comments Higgins first made to officers should not be allowed as evidence because Higgins' Miranda rights were violated.

Judge Michael Silvanio returned a quick ruling in favor of the state, deciding that Higgins' roadside comments can be used as evidence. Silvanio also said all statements made after his arrest are admissible.

The statements in question happened down the road from where the Gaudreaus were killed, where Higgins spoke with police outside his car. In part, the statements Higgins' team hoped to suppress included him telling police that he had seen bikers, then felt an impact. Higgins also said he had been drinking previously.

Attorneys argued that Higgins' Miranda rights were violated because they were not read during an initial traffic stop. Although traffic stops do not typically require Miranda rights to be read, the defense said officers were already aware that there was an investigation about a fatal crash, so it was not a typical stop.

The state argued there was no undue pressure that Higgins couldn't leave or had to be questioned, saying Higgins was allowed to walk around freely and even smoke a cigarette. The state said the reading of Miranda rights applies only to situations where someone is being held in custody, which they said had not happened in Higgins' case.

Higgins' attorneys also argued that questioning continued after he had asked for a lawyer. They said any indication of a desire for a lawyer should trigger the right to counsel, and questioning has to stop.

The state argued Higgins had asked for a lawyer specifically because officers had asked to see his phone. Higgins had said he was uncomfortable about them seeing the phone, asking if he might need a lawyer for that. The state said officers stopped asking about the phone and later asked if Higgins was comfortable continuing without the phone. He said yes.

This is the second time Silvanio has ruled to include evidence challenged by Higgins' team. In August, he determined evidence from the search warrant of Higgins' vehicle was admissible in court. Silvanio also refused to dismiss any of the counts against Higgins in April.

Higgins was driving with a reported blood alcohol level of 0.087 when he allegedly struck and killed the Gaudreau brothers in August 2024. The brothers were in New Jersey for their sister's wedding and were buried on Sept. 9, when Johnny's wife, Meredith, shared that she was pregnant. Matthew's wife was also pregnant, and both women have since given birth.

Higgins worked at a drug and alcohol treatment center. He was indicted on Dec. 11, 2024, on two counts of reckless vehicular homicide, two counts of aggravated manslaughter, tampering with physical evidence and leaving the scene of a fatal accident.