Driver in fatal Johnny Gaudreau crash seeks appeal, asks for trial delay

Attorneys for the man accused of fatally striking former Columbus Blue Jackets forward Johnny Gaudreau and his brother Matthew while driving drunk are asking the case be put on hold .

Lawyers representing Sean Higgins, 44, filed the request on Dec. 11 with the New Jersey Superior Court's Appellate Division, asking the appeals court to consider whether statements Higgins made to authorities after being given his Miranda rights should be admitted at trial as he trial judge has ruled. A Dec. 15 case conference has been canceled and no new date has been set.

Higgins is charged with involuntary manslaughter, aggravated vehicular homicide and other charges in connection with the Aug. 29, 2024, crash that killed Johnny Gaudreau, 31, and his brother, Matthew, 29, while they were riding bicycles along a rural road in Oldmans Township, New Jersey, on the eve of their sister's wedding.

Higgins was driving behind two other vehicles that he said were driving slowly. He passed one of the vehicles on the left and when the other vehicle ahead of him moved to the left to give the bicycling Gaudreau brothers room, Higgins cut back to the right and struck them.

Both of the brothers died at the scene from their injuries.

Higgins continued driving after the crash before finally stopping. Police said Higgins admitted that he had been drinking. Troopers took Higgins into custody after additional investigation, and said Higgins made more incriminating statements after being read his Miranda rights.

Salem County Judge Michael Silvanio ruled on Nov. 10 that those statements Higgins gave could be used against him at trial.

Higgins' attorneys are asking the appeals court to agree to look at the case and determine if Silvanio's ruling was correct. The process, called an interlocutory appeal, requires the case to be indefinitely paused if the appeals court decides to review the ruling.

Reporter Bethany Bruner can be reached at bbruner@dispatch.com or on Bluesky at @bethanybruner.dispatch.com.

This article originally appeared on The Columbus Dispatch: Accused driver in Gaudreau brothers crash seeks pause in case