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Lawyers for the man indicted in the deaths of NHL star Johnny Gaudreau and his brother in a crash last year say their client hasn’t gotten a fair plea offer because the victims are well known and the case has attracted international attention.
Sean M. Higgins, 44, of Pilesgrove, was allegedly intoxicated when he struck and killed Johnny Gaudreau, 31, and Matthew R. Gaudreau, 29, as they rode bikes along a rural roadway in Salem County on the evening of Aug. 29.
County prosecutors offered Higgins a plea deal which would see him sentenced to 35 years in prison in return for a guilty plea. His attorneys say that figure is well above the types of sentences typically offered defendants in similar Salem County cases.
A defense motion filed Tuesday seeks plea offer records for all reckless vehicular homicide and aggravated manslaughter cases in Salem County dating since 2021.
The motion describes two recent Salem County cases in which defendants faced similar charges to Higgins and higher blood alcohol concentrations, yet received plea offers that sent them to prison for far less than 35 years.
That offer is “greatly out of the range” of other plea offers made in the county in recent years, Higgins’ attorneys wrote in a court motion filed Tuesday.
It seems prosecutors are improperly increasing the proposed jail time “due to the publicity surrounding the matter,” the attorneys alleged.
Officials with the Salem County Prosecutor’s Office declined to comment Wednesday on the defense claim that the Higgins offer of 35 years is out of step with other cases the office has handled.
The office doesn’t comment on specific plea offers and negotiations, Executive Assistant Prosector Jeffrey Barile said via email.
“Additionally, since defense counsel is making this part of their litigation, we cannot comment on this argument outside of court,” Barile said.
Both sides are scheduled to return to court March 26 for arguments on defense motions.
A grand jury indicted Higgins in December on two counts of first-degree aggravated manslaughter, two counts of second-degree vehicular homicide, second-degree leaving the scene of a fatal accident and fourth-degree tampering with physical evidence.
Under the offer made to Higgins, which he rejected last month, he would have to plead guilty to both aggravated manslaughter charges in return for consecutive 15-year sentences on those charges. The offer would also require him to plead guilty to the leaving the scene of a fatal accident charge in return for a recommended five-year prison term for a total sentence of 35 years.
Matthew and Johnny Gaudreau were struck and killed while riding bicycles along a road in Salem County on Aug. 29.(File Photos)
This motion challenging the plea offer was one of several the defense filed Tuesday. Higgins’ attorneys also asked to have his indictment thrown out and revealed in another filing that the Gaudreau brothers were drinking before the crash.
In a document filed Tuesday seeking more information about how investigators arrived at blood alcohol concentration readings in the case, Higgins’ attorneys said tests showed Johnny Gaudreau had a blood alcohol concentration of 0.129% when he was killed while Matthew Gaudreau had a reading of 0.134%.
Both readings are higher than Higgins’ alleged blood alcohol concentration of 0.087%, which was above the legal limit of 0.08% for drivers.
Higgins attorneys did not allege in the court filings that the Gaudreaus blood alcohol levels had anything to do with the crash.
In a statement issued Tuesday, Higgins’ lawyers said the court filings were essential to ensuring their client is treated fairly and this his rights are protected, given the widespread attention the case has received.
That publicity is the reason why the attorneys say they also want more information about recent plea deals struck by the Salem County Prosecutor’s Office.
To illustrate their claim of unfair treatment for Higgins, they referenced pleas in two fatal crash cases in Salem County.
David M. Thomas, 39, killed another motorist when their vehicles collided head-on in Pennsville Township in 2020. An open alcohol container was found in Thomas’ vehicle and he stated at the scene that he had been drinking alcohol just prior to driving, according to court documents.
Thomas’ blood alcohol concentration was measured at 0.156%, police said.
Thomas was indicted on a second-degree death by auto charge and several counts of third-degree aggravated assault. Under a plea deal, he was sentenced to seven years in state prison in 2021 after pleading guilty to a second-degree vehicular homicide charge and concurrent prison terms for four aggravated assault charges.
Richard F. Kleinburger, III speaks on behalf of his client, Sean Higgins, at the Salem County Courthouse in Salem, NJ on Tuesday, February 4, 2025.Dave Hernandez | For NJ Advance
Another case cited by Higgins’ attorneys also involved a motorist hitting a bicyclist.
Deandra L. Brown Palmer, 44, admitted downing several shots of alcohol and smoking marijuana before he got behind the wheel last July with a child in his vehicle. He hit and killed a bicyclist, Douglas W. Nutt, 62, in Upper Pittsgrove.
Brown Palmer’s blood alcohol concentration was measured at 0.22%, according to court statements. He was indicted on charges including first-degree aggravated manslaughter, second-degree death by auto, endangering the welfare of a child and eluding a police officer.
Under a plea agreement with Salem County prosecutors, Brown Palmer pleaded guilty to a single second-degree count of death by auto in return for a sentence of seven years in prison.
In the Higgins case, the prosecution says he was driving northbound on Route 551/Pennsville-Auburn Road in Oldmans Township when he tried to pass vehicles in front of him on Aug. 29.
He tried to illegally pass an SUV on the right side and struck the Gaudreaus as they rode their bikes on the shoulder of the roadway, prosecutors allege.
The drivers of the two vehicles Higgins passed before the fatal crash described his driving as erratic and aggressive, and one said his vehicle was partially on the grass when he struck the Gaudreaus, according to court documents.
Higgins, who failed a field sobriety test and was arrested at the scene, admitted drinking five or six beers after finishing work the afternoon of the crash and drinking two beers while driving around for two hours prior to the crash, prosecutors said.
He also allegedly admitted trying to hide beer cans after hitting the Gaudreaus.
Higgins told police his drinking “contributed to his impatience and reckless driving” on the night of the crash, investigators alleged in court documents.
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Matt Gray may be reached at mgray@njadvancemedia.com.
