April 15th, 2025, 12:47pm
SALEM, NJ — The family of NHL hockey player Johnny Gaudreau and his brother Matthew were in pain Tuesday.
After nearly two hours of debate, the judge agreed that the issue was controversial under the New Jersey Criminal Code.
“We don’t trust the argument that there was a contributing negligence on the part of the cyclist,” said Superior Court Judge Michael Silvanio.
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According to the defense, Gaudrey had a blood alcohol concentration of .129 or higher than the .08 legal limit in New Jersey and a .087 blood alcohol content recorded by police for Sean Higgins. His lawyers wanted to cut or dismiss the charges of manslaughter and vehicle murder.
“To say that their BAC may have contributed to the cause of death is to get there, to say the least,” argued prosecutor Michael Mestelon.
Other drivers told police that the brothers were safely on the edge of the road, he told them. Prosecutors accused Higgins of having an alcohol disorder and were fueled by road rage when he met them.
“When the defendant attacked his brother, there are four witnesses who witnessed the defendant speeding up the Bronco to the right and passing illegally. The witnesses saw the brothers board a single file in a stream of fog just before they were hit by the defendant,” Mestelon wrote in a note this month.
Gordley was riding a bike near her southern New Jersey homeland on August 29, 2024, the eve of her sister’s wedding. Both wives gave birth to sons. Meredith, the widow of Johnny Gaudreau, gave birth to her third child on April 1st. The wedding of Gaudrey sisters has been postponed until this summer.
Johnny Gaudreau, known as “Johnny Hockey,” was scheduled to start his third season with the Calgary Flames in a Columbus Blue jacket after eight seasons. Like his older brother, Matthew played hockey at Boston University and worked as a high school coach.
Higgins, 44, of Woodstown, near New Jersey, is being charged with two counts of each of a reckless vehicle murder and aggravated manslaughter, along with evidence of tampering and leaving the scene of the accident. He was found next to a damaged vehicle, stalling about a quarter mile from the crash scene.
Higgins, the father of two who married a combat veteran who worked for an addiction treatment company, told police he consumed about half a dozen beers while driving after an upset call with his mother.
Higgins’ lawyers also noted that Gaudrey cycling without light after it got dark, saying they weren’t trying to hold the pain of their family or contribute to giving clients a robust defense.
“Mr. [Richard] Klineburger and I don’t blame the two bikes on the incident. That would be ridiculous. That would be wrong,” said lawyer Matthew Portella, who said Gordley’s parents and sisters frowned.
Instead, Portella argued that the Great Jury had not heard all the facts before approving the charges claiming Higgins was intentionally reckless and left the scene.
Mestern called the sound of the prosecution, and the judge agreed, sent the charges to the trial, and scheduled the next hearing on June 10th.
Higgins faces up to 70 years in prison if convicted in all respects. His lawyer refused the offer of a 35 year plea.
