The New Jersey driver accused of killing NHL star Johnny Gaudreau and his brother in a drunken crash is set to head to trial early next year barring a last-minute plea deal, a judge said Friday.
Sean Higgins, a 45-year-old army vet, is slated to go on trial starting Jan. 5 if he and prosecutors fail to reach a plea agreement by his next court hearin Oct. 19, Judge Michael Silvanio said in Salem County court, where the suspect appeared from jail by video feed.
“In the event that we do not reach a resolution at that final [pre-trial conference], my anticipation is to bring counsel in for jury selection on Dec. 1,” Silvanio said, as Higgins appeared in orange jail clothes.
The judge said the lawyers on both sides would have up to two weeks to select 16 jurors and that they would then dismiss the panelists until after the holidays before starting proceedgins.
The trial would come nearly two and a half years after Gaudreau, 31, and his 29-year-old brother Matthew Gaudreau, also a pro hockey player, were allegedly struck by Higgins’ car as they were cycling on the side of the road in Oldmans Township on the night of Aug. 29, 2024.
The siblings — both dads — were riding back from a wedding rehearsal dinner for their sister who was supposed to get hitched the next day.
Prosecutors allege Higgins hit the duo after he passed a car on the road. He allegedly had a blood-alcohol content of .087 — above the legal limit of .08.
Higgins’ team has lost two bids to get the case thrown out, the first on the grounds the Gaudreaus were allegedly drunker than he was at the time of the crash and the second based on his argument he was actually below the legal limit.
On Friday, Higgins’ lawyer, Matthew Portella, said a lab was poised to receive vials of Higgins’ blood from prosecutors so that the defense can conduct its own testing on just how drunk Higgins was that fatal day.
Higgins has pleaded not guilty to charges of aggravated manslaughter, reckless vehicular homicide, tampering with evidence and leaving the scene of a fatal accident. He faces up to 72 years in prison if convicted on all counts.
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