SOUTH JERSEY (KYW Newsradio) — Defense attorneys for Sean Higgins, the driver charged with hitting and killing Johnny and Matthew Gaudreau while they were riding bikes last August in Salem County, are asking a judge to suppress some evidence from trial.
On Aug. 29, 2024, the eve of their sister’s wedding, the Gaudreau brothers were bicycling near their hometown of Oldmans Township when they were struck by Higgins.
Higgins was stopped by police nearby. He admitted on scene to drinking beer prior to striking the brothers.
However, the defense said Higgins was not read his Miranda rights on scene before speaking with police, so they are asking the judge to suppress those statements from evidence at trial.
Prosecutors argued that Higgins was speaking with police as part of a traffic stop initially, where Miranda rights do not apply. Once Higgins was being formally arrested, he was read his rights. Prosecutors said he even acknowledged that he understood his right to remain silent but continued speaking with police willingly.
At one point, he asked officers questioning him if he should have an attorney present. Prosecutors said police told Higgins they couldn’t advise him in this matter, and Higgins stated he wanted to continue the interview without a lawyer present.
Prosecutors said Higgins wasn’t tricked, pressured or coerced into speaking with police.
A Salem County judge is scheduled to hear these arguments in court on Aug. 21.
Johnny Gaudreau, 31, known as “Johnny Hockey,” was set to start his third season with the Columbus Blue Jackets after eight seasons with the Calgary Flames. Matthew Gaudreau, 29, played hockey at Boston College, like his older brother, and was working as a high school coach.