Sean Higgins, Johnny Gaudreau’s Killer: Charges, Bail, and BAC Fight

Sean Higgins, the New Jersey driver charged in the case involving Johnny Gaudreau and his brother Matthew, faces eight criminal counts, including two counts of first-degree aggravated manslaughter, and a combined maximum sentence of 70 years in prison. He has been held without bail at the Salem County Correctional Facility since the night of the crash on August 29, 2024, rejected a 35-year plea offer in January 2025, and has lost every significant pretrial motion. No firm trial date has been publicly announced.

What Happened on County Route 551

Johnny and Matthew Gaudreau were riding single file along the shoulder of County Route 551 near Stumpy Lane in Oldmans Township, Salem County, on the evening of August 29, 2024. Two vehicles behind them slowed or moved toward the center of the road to pass safely. Higgins, driving behind those vehicles, swerved to pass them and struck both brothers on the shoulder.¹ According to court records, Higgins later told police he interpreted the vehicle in front of him moving left as an attempt to cut him off, prompting him to swerve right.²

Police responded at 8:19 p.m. Both brothers suffered fatal blunt-force injuries and were pronounced dead at the scene.³ A state trooper reported that Higgins’ breath smelled of alcohol. Higgins told officers he had consumed “five or six beers” starting around noon that day, admitted he had been drinking while driving, and admitted throwing beer cans into a nearby field after the crash.⁴ The brothers had been in New Jersey for their sister Katie’s wedding, scheduled for the following day.

Who Sean Higgins Is

Higgins was 43 at the time of the crash and lived in Woodstown, New Jersey. He held the rank of major in the New Jersey Army National Guard, where he had served since 2008, including a 2019 deployment to Kosovo. He was not on military duty the night of the crash.⁵ In civilian life he worked as director of financial operations at Gaudenzia, a drug addiction treatment center, which placed him on leave after his arrest.⁶

His driving record was not clean. In 2005 he was charged with DWI in North Carolina, but the charge was dismissed after the arresting officer failed to appear. A 2001 North Carolina speeding ticket was also dismissed. He was involved in car crashes in New Jersey in 2016 and 2021, and an NBC10 investigation found he had previously been stopped for unsafe driving and other violations.⁷

The Eight Charges Higgins Faces

Higgins was initially charged with two counts of death by auto, reckless driving, possession of an open container, and consuming alcohol in a motor vehicle.³ In December 2024, a grand jury returned an expanded indictment with eight counts:⁸

Two counts of first-degree aggravated manslaughter, the most serious charges, each carrying up to 30 years in prison.
Two counts of second-degree reckless vehicular homicide.
Tampering with physical evidence in the fourth degree.
Second-degree leaving the scene of a fatal accident.

Several sources describe the evidence-tampering and leaving-the-scene charges as two counts each, bringing the total to eight and the combined maximum exposure to 70 years.⁹ Higgins pleaded not guilty in January 2025.⁸

Held Without Bail and the Rejected Plea Deal

Following a September 2024 detention hearing, Judge Michael Silvanio denied bail, ruling that no combination of monetary or non-monetary conditions could adequately protect public safety. Higgins was briefly placed on suicide watch at the Salem County Correctional Facility and later taken off that status.¹⁰ He has remained in custody since his arrest.

In January 2025, Higgins rejected a plea offer from the Salem County Prosecutor’s Office. The deal would have required him to serve 35 years: 15 years on each of the two aggravated manslaughter counts and 5 years for leaving the scene, with an 85-percent mandatory minimum on the manslaughter sentences.¹¹ Defense attorneys later presented an undisclosed counter-offer to prosecutors, which remained under review as of early 2026.¹²

The Blood Alcohol Fight

A central battle in the case is Higgins’ blood alcohol concentration. Prosecutors told the grand jury his BAC was 0.087 percent, above New Jersey’s legal limit of 0.08. The defense hired toxicology expert Gary Lage, who calculated a BAC of 0.075 percent. The defense argument turns on the sample type: they contend the lab drew blood that had begun to clot, requiring it to be treated as serum, and that serum readings run roughly 16 percent higher than whole blood. In their view, the grand jury heard an inflated number.¹³

Assistant Prosecutor Michael Mestern responded that the toxicology report’s notation that the sample was “treated as serum for BAC” indicated the lab had already made the necessary adjustments, and he denied any attempt to mislead the grand jury.¹⁴ Prosecutors also stressed that the BAC number is only one piece of the case, alongside Higgins’ own admissions, his failure of field sobriety tests, witness accounts of reckless driving, and his leaving the scene.¹⁵

On May 11, 2026, Judge Silvanio denied the defense motion to dismiss the indictment over the BAC evidence. He ruled that the grand jury process “is not intended to be a mini trial” and that prosecutors were not required to present the defense expert’s report. Defense attorney Richard Klineburger III would be free to present the alternate BAC findings to a trial jury.¹³

Other Pretrial Rulings Against the Defense

Klineburger and co-counsel Matthew V. Portella moved to suppress the statements Higgins made to troopers at the scene, arguing he had not been read his Miranda rights before questioning. After a hearing with testimony from four state troopers and a review of police interview footage, Judge Silvanio ruled on November 10, 2025, that the statements were lawfully obtained and admissible.⁴ An appellate judge upheld that ruling on January 15, 2026.¹ A separate motion to suppress evidence recovered from Higgins’ vehicle was also denied, the judge finding that proper protocol was followed during the post-crash search.

Klineburger also tried to argue that the Gaudreau brothers bore some responsibility for the crash because they had blood alcohol readings of 0.129 or higher and were cycling without lights after dark. Judge Silvanio dismissed that argument outright, ruling there was “no credence” to a contributory negligence claim by the cyclists and that the issue was moot under New Jersey criminal law.¹⁶

Where the Case Stands Now

As of mid-2026, Higgins remains detained at the Salem County Correctional Facility. He has lost every significant pretrial motion. A pretrial conference originally scheduled for June 16, 2026, has been moved to July 20, 2026, before Judge Silvanio at the Salem County Courthouse.¹⁷ No firm trial date has been publicly announced. If convicted on all counts, Higgins faces up to 70 years in prison.

1
NBC Philadelphia. Sean Higgins Court Setback in Gaudreau Brothers Crash
2
The Columbus Dispatch. Judge Refuses to Dismiss Charges in Driver Johnny Gaudreau Fatal Crash
3
ESPN. Blue Jackets Winger Johnny Gaudreau, Brother Matthew Die
4
6ABC. Suspect Gaudreau Brothers Crash Case Statements Admissible
5
NJ.com. Accused Drunk Driver in Johnny Gaudreau Death Is U.S. Army Major
6
Courier-Post. Who Is Sean Higgins
7
NBC Philadelphia. Sean Higgins Indicted by Grand Jury
8
ESPN. Motion to Dismiss Charges Denied in Gaudreau Brothers Deaths
9
6ABC. Hearing for NJ Man Charged in Gaudreau Brothers Crash
10
CBS News Philadelphia. Sean Higgins Gaudreau Crash Hearing
11
NBC Philadelphia. Gaudreau Brothers Crash Higgins Not Guilty
12
WHYY. Gaudreau Crash Case Lawyers Claim Suspect Not Drunk Driving
13
Court TV. Judge Refuses to Dismiss Case Against Sean Higgins
14
NJ.com. Judge Refuses to Toss Charges in Johnny Gaudreau Death Case
15
NJ Courts. State v. Higgins Motion to Dismiss Brief
16
6ABC. Defense Tries to Argue Brothers Were Cycling Impaired Before Crash
17
NJ Courts. Notable Cases