A New Jersey judge has ruled that statements made by the man accused of killing NHL star Johnny Gaudreau and his brother, Matthew, can be used as evidence when his case goes to trial.
Superior Court Judge Michael Silvanio found Monday that comments from Sean M. Higgins, including an admission that he “hit” the brothers, were given voluntarily and could be used by prosecutors.
“At this time, I’m ordering that all statements made by the defendant Sean Higgins are, in fact, admissible,” he said via The Athletic.
Higgins, 44, faces multiple charges, including two counts of first-degree aggravated manslaughter, two counts of second-degree reckless vehicular homicide, and leaving the scene of a fatal collision. He is accused of hitting the brothers with his vehicle while they were cycling near their family home on Aug. 29, 2024 — the eve of their sister’s wedding.
The decision followed an October hearing that featured testimony from four New Jersey State Police officers and body-camera footage recorded at the crash scene. Silvanio said the video showed Higgins unrestrained and speaking freely with officers, using his cellphone and smoking, and therefore not under coercion.
Defence lawyers had sought to exclude the statements, arguing Higgins had not been properly advised of his Miranda rights and that officers should have stopped questioning him when he said he might need a lawyer. The judge disagreed, ruling that Higgins’ remark was not a definitive request for legal counsel.
Prosecutors said Higgins admitted to drinking earlier that day and failed a field sobriety test before being arrested and advised of his rights. They argued that questioning prior to his arrest was part of a routine crash investigation, not a custodial interrogation.
Silvanio concluded that all statements were lawfully obtained and “freely and voluntarily” made.
“As viewed on the body-worn camera, the court is able to observe the entire time on scene, Mr. Higgins, without any restraint,” Silvanio said. “He’s free to move about … talk on his cell phone, smoke a cigarette.”
At an Oct. 29 hearing, four state troopers testified, along with video evidence showing Higgins speaking freely with police at the scene. Silvanio said the footage showed Higgins moving about unrestrained, using his phone and smoking, and concluded there was no coercion.
Higgins, who was indicted in December 2024, previously rejected a plea offer that would have carried a 35-year prison sentence. If convicted on all counts, he could face up to 70 years behind bars.
His next court appearance is scheduled for Dec. 15.
