Man accused in deaths of Johnny and Matthew Gaudreau facing more serious charges: What we know

Last week, the man accused of killing NHL star Johnny Gaudreau and his brother, Matthew, was indicted by a grand jury and is facing more serious charges.

Sean M.

Higgins, 44, is now facing two counts of first-degree aggravated manslaughter, as well as two previous counts of second-degree reckless vehicular homicide.

The grand jury also indicted Higgins on a charge of tampering with physical evidence (fourth degree) and leaving the scene of a fatal accident (second degree).

Advertisement The aggravated manslaughter charges could result in a lengthy prison sentence upon conviction, with a maximum of 30 years on each count.

Vehicular homicide carries a maximum of 10 years per count.

The charges allege that Higgins acted recklessly when he was driving his car the night of the Aug.

29 crash in Oldmans Township, N.J.

The aggravated manslaughter charges further allege that Higgins acted with extreme indifference to human life, causing the death of both Johnny and Matthew Gaudreau.

The brothers had been bicycling home the night before their sisters wedding, where they were to be groomsmen.

Johnny was 31 and Matthew was 29.

GO DEEPER Johnny Gaudreau's family joins emotional tribute as Flames and Blue Jackets unite to celebrate his legacy At this time, we are not at liberty to discuss the details of the incident as we are still waiting on additional material evidence, an attorney for Higgins, Richard Klineburger III, said in an email to The Athletic .

It would be unfair to both Mr.

Higgins as well as the general public to make a statement until a full evaluation and review has been completed.

A member of the Salem County Prosecutors Office did not return a request for comment.

According to criminal defense attorney Brett M.

Rosen, who is aware of the details of the case that are public but is not affiliated with the case in any manner, the key difference between vehicular homicide and aggravated manslaughter is that prosecutors will need to prove that Higgins conduct resulted in a probability, as opposed to a mere possibility, of death.

Rosen, a licensed trial attorney in New York and New Jersey, said the prosecution could have enough evidence to convict Higgins on all counts, should the case go to trial.

I dont want to say its an easy time for the prosecutors, Rosen said.

But its definitely not an uphill battle to prove extreme indifference to human life.

New Jersey State Police said in August that the Gaudreau brothers were riding bicycles on County Route 551 when they were hit by Higgins, who was driving a Jeep Grand Cherokee and attempting to pass a car and an SUV on the two-lane road.

Advertisement Higgins entered the southbound lane and passed the car (the second of the three vehicles on the road) as the SUV, the lead vehicle, was also moving to the southbound lane to create space for the brothers who were biking on the narrow shoulder, according to a probable cause affidavit filed by police.

At the time, Higgins believed the SUV was trying to block him from passing, so he re-entered the northbound lane to pass the SUV on the right, according to the affidavit.

In order to complete the pass, about half of Higgins vehicle exited the roadway and was traveling on the grass, according to a state brief filed by the Salem County Prosecutors Office in October.

As he was passing the SUV, Higgins struck the Gaudreau brothers, who were pronounced dead on the scene.

The crash occurred around 8:30 p.m.

Higgins told police that he consumed five to six beers after finishing work at 3 p.m.

and admitted to consuming two beers while driving around for two hours prior to the accident, per the state brief.

His blood alcohol level was 0.087 above the legal limit of 0.08.

According to the brief, Higgins drove 1/10 of a mile down the road before his vehicle became inoperable due to significant damage from the crash.

Higgins also admitted that he attempted to hide the beer cans after he struck the brothers.

He has been held in custody at the Salem County Correctional Facility since his arrest Aug.

29.

Higgins was denied bail at a Sept.

13 hearing when Superior Court Judge Michael J.

Silvanio said the court had significant concerns about Higgins road rage-like behavior and granted the states motion to keep him in jail.

Higgins appealed the decision, according to court documents filed by the defense in October, and requested to be released.

The appeal argued that the court abused its discretion and ignored the very low risk score of the public safety assessment which New Jersey courts utilize instead of a cash bail system, among other considerations for the defendant and failed to take into consideration that there are many alternatives, less restrictive than incarceration.

The court upheld the decision due to the nature of the offense charged, the weight of the evidence against the defendant and the history of characteristics of the defendant.

GO DEEPER Man charged with killing Gaudreaus to stay in jail Higgins is next scheduled to appear in court Jan.

7 for a post-indictment arraignment, according to the New Jersey courts website, which is a formal reading of the charges.

New Jersey has speedy trial statutes, which means a trial should begin no more than 180 days around six months after Higgins indictment, which was officially filed Dec.

11.

Advertisement According to Rosen, the prosecution could still resolve the case before going to trial with a plea bargain, especially if it wants to shield the Gaudreau family, given the high-profile nature of the case.

If youre the prosecutor, you dont want to bring the victims family in there and have to go through the agony and stress of a whole trial, Rosen said.

So if you can resolve it in a way that the victims family is happy and obviously the police are happy ...

at the end of the day thats what the prosecutors office is trying to do.

(Photo: Kirk Irwin / Getty Images).

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