Philadelphia — The driver accused of killing NHL hockey player Johnny Gaudreau and his brother Matthew while they were biking on a rural New Jersey road pleaded not guilty to the indictment Tuesday after seeking a 35-year prison sentence.
Sean M. Higgins, 44, appeared briefly in court in Salem County, New Jersey, to enter a formal plea to the latest indictment in the Aug. 29 death. The case will now go to trial.
In a statement, the defense said they hope to prove the death was not “malicious” but resulted from “a unique and unfortunate combination of circumstances that are unlikely to occur again.”
They described Higgins as a combat veteran who had faith in the legal system.
According to prosecutors, the father of two, who worked at an addiction treatment company, had a history of being involved in a car accident and lost consciousness after drinking five to six beers that day. He said that after the upsetting conversation with his mother, he drove for two hours, occasionally talking on the phone with a friend.
Johnny Gaudreau, 31, and Matthew Gaudreau, 29, were killed near their childhood home in South Jersey the day before their sister’s wedding.
The driver in front of Higgins told police that he was driving recklessly. As she and another driver slowed down and moved left to avoid the cyclists, Higgins sped up, swerved to the right and struck Gaudreaus, she said.
Police said Higgins’ blood alcohol level was 0.087, above the state’s legal limit of 0.08, and he failed a field sobriety test.
He is charged with two counts each of aggravated murder and vehicular homicide, as well as tampering with evidence and leaving the scene of an accident.
Defense attorney Matthew Portella called Higgins a loving father and a good man who “made a terrible decision that night.”
Both Portella and the county prosecutor confirmed the terms of the proposed deal.
Johnny Gaudreau, known as “Johnny Hockey,” played 10 seasons in the NHL and was set to begin his third with the Columbus Blue Jackets. He spent his first eight seasons with the Calgary Flames.
