The alleged drunk driver accused of fatally mowing down NHL star Johnny Gaudreau and his brother final yr is combating to maintain his confessions to cops the day of the accident hidden at trial.
Sean Higgins was in a Salem County Courtroom Wednesday as 4 of the cops who responded to the Aug. 29, 2024, crash recounted how he spilled his guts to them over the course of that night.
New Jersey State Police Sgt. Kenenth Flanegan testified that he was on his technique to the scene of the accident, by which the Columbus Blue Jackets participant and his brother Matthew Gaudreau have been allegedly struck by Higgins whereas driving bikes, when the sergeant got here throughout Higgins outdoors of his automotive trying “frantic.”
“I hit them. I hit them,” Flanegan recounted Higgins saying to him.
The sergeant instructed Higgins to remain the place he was whereas Flanegan went to scene of the accident, Flanagan testified.
Flanegan was the primary responder on scene, with EMS arriving “seconds” later and informing the sergeant “there have been no indicators of life,” he testified.
A number of clips of the cops’ physique digicam footage was performed in courtroom, together with one video by which Higgins requested New Jersey State Police Trooper Zachary Harding, “Is anyone useless again there?”
Higgins could possibly be heard explaining to Harding how the crash went down, together with claiming that he tried to cross a gradual driver however the driver moved into the oncoming visitors lane the place he was going to cross in. The accused killer mentioned he was compelled again into the unique lane when he hit the 2 cyclists.
“I handed again over as a result of he was passing [in] this lane. I hit the bikers,” Higgins mentioned.
In one other video, Higgins could possibly be heard saying, “My life is over. I simply hit folks, apparently. I don’t know what the hell I simply hit. I hit bikers who have been in the course of the highway, at midnight.”
Higgins made the assertion to New Jersey State Police Troopers Mark Allonardo and Adam Crespo as he was getting his blood drawn on the hospital to check his alcohol degree — which was allegedly .087, barely larger than the Backyard State’s .08 authorized restrict.
Allonardo testified that on the scene, “I may detect an odor of alcoholic beverage from defendant’s breath as I spoke to him.”
Allonardo instructed the decide that he ended up having Higgins take the sphere sobriety check shortly after — which he failed.
In a single physique cam video made public final yr, Higgins admitted simply earlier than taking the sphere sobriety check, “I imply I’ve been ingesting beers, however I haven’t had one in like two hours.”
He additionally allegedly instructed cops at one level that he had had “5 – 6 drinks.”
Wednesday’s testimony was being utilized by prosecutors and Higgins’ protection attorneys as they fought over whether or not Higgins’ statements must be allowed in at trial.
Higgins’ facet argued that he wasn’t correctly learn his Miranda rights as cops spoke to him that night time and that regardless of the actual fact he requested for a lawyer throughout his interview on the police station, cops continued to query him.
In the meantime, prosecutors counter that Higgins was learn his rights each on the scene of the accident and on the police station and he indicated he understood and agreed to talk, based on a report by the Columbus Dispatch.
Higgins — who’s beforehand rejected a 35-year-sentence plea deal — has pleaded not responsible to reckless vehicular murder, aggravated manslaughter and associated fees. He faces as much as 70 years in jail if convicted on all counts.
Choose Michael Silvanio has already beforehand rejected Higgins’ bid to maintain proof collected from his Jeep out of trial.
Silvanio earlier this yr additionally rejected Higgins efforts to have the fees in opposition to him decreased or dropped on the grounds that the brothers, who have been extra drunk than him, contributed to the accident.
Matthew, 29, and Johnny, 31, had blood alcohol ranges of .129 or above — which have been larger than Higgins’ personal BAL. The brothers have been on the town for his or her sister’s wedding ceremony the day after they have been killed.
Higgins is accused of crashing into the siblings whereas they have been driving bikes single-file on the shoulder of a highway in Oldsmans Township, NJ, round 8:20 p.m.
He allegedly handed two vehicles, which had slowed to look at the 2 cyclists. Higgins mentioned the vehicles have been going round 30 and 40 mph when he determined to cross and struck the brothers. He pulled over roughly 1 / 4 mile down the highway, the place cops discovered him.
