SALEM, NJ – A New Jersey man accused of fatally hitting two cyclists with his vehicle while under the influence of alcohol back in 2024 suffered a loss in court earlier in January after a motion to withhold his initial statement to police in court was shut down by an appeals court judge.
On August 29th, 2024, NHL hockey player Johnny Gaudreau was cycling alongside his brother Matthew down Pennsville Auburn Road at approximately 8:30 p.m. when the duo were fatally struck by a vehicle.
Authorities say the suspect, Sean Higgins, was reportedly driving northbound in his Jeep Grand Cherokee while attempting to pass two vehicles.
While during the attempted overtaking, authorities say Higgins had passed one of the two vehicles, but the second vehicle in front of him maneuvered slightly to the left to give the Gaudreau brothers sufficient room while Higgins was still in the southbound lane.
In response, authorities say Higgins opted to try passing the second vehicle from the righthand side of the road where the brothers were cycling, fatally striking the two cyclists in the process.
When a state trooper arrived at the scene of the incident, he reportedly detected a strong odor of alcohol coming from Higgins. The suspect allegedly admitted to authorities that he’d been drinking earlier in the day, with a subsequent BAC test rendering a blood-alcohol level of .86, which is above the state’s legal limit.
Higgins also allegedly admitted to first responders that he believed the alcohol he’d consumed earlier in the day played a role in his reckless driving and impatience.
During a court appearance on January 15th, 2026, Higgins’ attorneys brought forth a motion to have his statements given to police excluded from his trial, asserting his Miranda rights were violated during his initial contact with authorities at the scene.
However, Judge Morris G. Smith of the Superior Court's Appellate Division denied the motion, deferring to a prior ruling from this past November which found Higgins’ statement to police were lawfully obtained.
Additionally, Judge Smith’s ruling cited the court’s “strong policies disfavoring piecemeal review of litigation,” noting that Higgins’ legal team failed to present “sufficient justification” for the court to abandon the avoidance of fragmented judicial proceedings.
Matthew V. Portella, one of the attorneys representing Higgins in the case, issued a statement regarding the outcome in court, saying, “Both Mr. Klineburger and I are disappointed with the Appellate Court's decision not to accept and hear the interlocutory appeal on its merits and the arguments on such an important Constitutional issue in Mr. Higgins' case.”
Higgins is currently charged with two counts each of reckless vehicular homicide, aggravated manslaughter, evidence tampering, and leaving the scene of a fatal accident and is facing up to 70 years in prison if convicted on all counts.
The suspect is due back in court on February 24th.
On August 29th, 2024, NHL hockey player Johnny Gaudreau was cycling alongside his brother Matthew down Pennsville Auburn Road at approximately 8:30 p.m. when the duo were fatally struck by a vehicle.
Authorities say the suspect, Sean Higgins, was reportedly driving northbound in his Jeep Grand Cherokee while attempting to pass two vehicles.
While during the attempted overtaking, authorities say Higgins had passed one of the two vehicles, but the second vehicle in front of him maneuvered slightly to the left to give the Gaudreau brothers sufficient room while Higgins was still in the southbound lane.
In response, authorities say Higgins opted to try passing the second vehicle from the righthand side of the road where the brothers were cycling, fatally striking the two cyclists in the process.
When a state trooper arrived at the scene of the incident, he reportedly detected a strong odor of alcohol coming from Higgins. The suspect allegedly admitted to authorities that he’d been drinking earlier in the day, with a subsequent BAC test rendering a blood-alcohol level of .86, which is above the state’s legal limit.
Higgins also allegedly admitted to first responders that he believed the alcohol he’d consumed earlier in the day played a role in his reckless driving and impatience.
During a court appearance on January 15th, 2026, Higgins’ attorneys brought forth a motion to have his statements given to police excluded from his trial, asserting his Miranda rights were violated during his initial contact with authorities at the scene.
However, Judge Morris G. Smith of the Superior Court's Appellate Division denied the motion, deferring to a prior ruling from this past November which found Higgins’ statement to police were lawfully obtained.
Additionally, Judge Smith’s ruling cited the court’s “strong policies disfavoring piecemeal review of litigation,” noting that Higgins’ legal team failed to present “sufficient justification” for the court to abandon the avoidance of fragmented judicial proceedings.
Matthew V. Portella, one of the attorneys representing Higgins in the case, issued a statement regarding the outcome in court, saying, “Both Mr. Klineburger and I are disappointed with the Appellate Court's decision not to accept and hear the interlocutory appeal on its merits and the arguments on such an important Constitutional issue in Mr. Higgins' case.”
Higgins is currently charged with two counts each of reckless vehicular homicide, aggravated manslaughter, evidence tampering, and leaving the scene of a fatal accident and is facing up to 70 years in prison if convicted on all counts.
The suspect is due back in court on February 24th.
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