Latest court filing provides new details about crash that killed Johnny, Matthew Gaudreau

A motion filed by prosecutors in New Jersey asks a judge to keep details of  Columbus Blue Jackets forward Johnny Gaudreau and his brother Matthew's  blood-alcohol levels out of any trial for the driver accused of fatally striking the brothers while driving intoxicated.

The court filing also includes new details about how the Aug. 29 crash and immediate investigation unfolded.

Johnny, 31, and his brother Matthew, 29,  died after being struck by a Jeep while bicycling in Oldmans Township, New Jersey . The brothers had been in town to attend their sister's wedding. 

Sean Higgins,  44, is charged with six counts that include aggravated manslaughter, reckless vehicular homicide and leaving the scene of a fatal accident. Higgins was also intoxicated at the time of the crash, according to investigators and prosecutors. 

The April 3 motion, made public Wednesday, provides the most comprehensive outline of the minutes immediately before and after the crash and the early stages of the investigation.

What do court records say happened to Matthew and Johnny Gaudreau?

According to the filing, minutes after the first 911 call, a New Jersey State Police sergeant found Higgins about 1,500 feet or  more than a quarter mile from the crash site . That sergeant found the Gaudreaus at the same time emergency medical personnel arrived and pronounced both brothers dead from their injuries. 

The brothers' bicycles are described in the court filing as "heavily damaged" along the side of the road. A trooper who returned to where Higgins was described him as "pacing back and forth" and talking on a cellphone. A witness, court records say, also told troopers Higgins was acting "freaked out." 

Court records say Higgins' Jeep had "severe" damage to the passenger side bumper cover, fender, headlight and windshield. Debris from the Jeep was also found where the bikes were found. 

The court records say troopers could not find any tire or skid marks to suggest the location of the initial point of impact, indicating there was no attempt by Higgins to brake or avoid the collision. A blood test, according to court records, determined Higgins' blood alcohol level was 0.087, over the legal limit. 

Witnesses from the two vehicles spoke to troopers, court records say, and all described Johnny and Matthew Gaudreau as riding single file, with Johnny in front of Matthew, on the road's fog line. One of the witnesses was so distraught they needed a ride home by EMTs, the court filing says, and provided a formal statement the next day. 

The witnesses told troopers, according to court records, Higgins' Jeep had been halfway on the road and halfway in the grass shoulder area when he struck the brothers, who were both ejected from their bicycles. 

All witnesses described Higgins as driving fast and aggressively, court records say. One of the drivers who Higgins passed said they were going at least 55 mph. The posted speed limit in the area is 50 mph, according to court records.

A diagram of the scene from a crash report released by New Jersey State police is consistent with the witness statements.

What did Sean Higgins tell New Jersey police about fatal crash?

Higgins  told troopers  at the crash site that he had been behind two other vehicles he described as driving between 30 to 40 mph and trying to pass them. 

Higgins provided a formal statement at the police station that same night, telling investigators he was returning home after getting some food, according to a portion of the statement in court filings. He said the vehicles in front of him were going between 20 to 30 mph before impact.

Higgins said he had passed a sedan on the left because he was impatient, court records say. He told police that when he saw a Ford Bronco move over to the left ahead of him, he felt the driver was trying to block his passing, which caused him to go back into the right lane where the crash occurred.

More: Johnny Gaudreau's family hosting 5K to honor his and brother Matthew's legacy

"He said he was not going that fast since his car was not that powerful," prosecutors say. "He thought he was only going 40 mph. He stated he was not trying to pass on the right. He just wanted to know what the other car was doing." 

Higgins said he heard a noise but was unsure what he had struck, court records say.

Will Johnny and Matthew Gaudreau's blood alcohol levels be part of case?

Salem County prosecutors have asked Judge Michael Silvanio to keep any jury that may be asked to decide the case in the future from hearing about the brothers' toxicology results. 

The toxicology reports from the brothers' autopsies found Johnny had a blood alcohol level of 0.134 and Matthew had a blood alcohol level of 0.129. New Jersey does not have any law against bicycling while intoxicated. 

Prosecutors say that because the  brothers had not violated any law, the results weren't relevant  and shouldn't be heard by any jury.

"The brothers here were doing what they were supposed to do. They were riding single file with the flow of traffic on the fog line," prosecutors say. 

In addition, prosecutors say any argument Higgins' attorneys may try to make about the crash being preventable had the Gaudreaus had lights on their bicycles is moot. 

"The defendant's actions here were so egregious that no amount of light on Matthew and John's bikes would have prevented the collision from happening," prosecutors say. "The defendant was intoxicated, speeding and he passed the Bronco on the right with half his vehicle on the roadway and half was on the grass." 

Higgins' attorneys have filed a response calling the prosecution's request premature,  NJ.com reported . That filing was not publicly visible as of Wednesday morning.

Attorneys for Higgins have argued that  some of the charges against Higgins should be dismissed  because information about the brothers' toxicology reports was not given to a grand jury. Had the grand jurors heard that information, they may have decided to file other charges against Higgins, his attorneys say. 

Higgins is scheduled to have a hearing Tuesday in New Jersey, where Silvanio will hear arguments on the motions. Higgins continues to be held in a New Jersey jail. He  previously rejected a plea offer  that would have resulted in 35 years in prison.

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

This article originally appeared on The Columbus Dispatch: Johnny Gaudreau crash: Court documents provide new details