Judge refuses to suppress vehicle search evidence in Gaudreau brothers' death

COLUMBUS, Ohio (WCMH) – Evidence taken after a driver was accused of fatally hitting the Gaudreau brothers while intoxicated will remain in the record after a Thursday hearing.

Attorneys for Sean Higgins, who is accused in the deaths of Columbus Blue Jackets star Johnny Gaudreau and his brother Matthew nearly one year ago in southern New Jersey, argued that evidence from the search warrant of Higgins' vehicle should be suppressed, specifically from the infotainment system and air bag module.

Judge Michael Silvanio ruled that there was probable cause for the search warrant for the airbags and the infotainment system and denied the motion to suppress the evidence.

This comes after Silvanio in April refused to dismiss any of the counts against Higgins. The defense rejected a plea deal in December before arguing in February that Higgins received an unfair offer that was “greatly out of the range of other plea offers made in Salem County over the past few years” from other vehicular homicide cases.

A second filing was then submitted to show the blood alcohol levels of Johnny (0.129) and Matthew (0.134), and in March, Higgins’ defense counsel moved for a dismissal

The next court date is set for September 18 for a Miranda hearing, which will include testimony from four state troopers.

Higgins, who was driving with a reported blood alcohol level of 0.087, struck the Gaudreau brothers last August as they were cycling after sunset on a road near Salem, New Jersey.

The brothers were in New Jersey for the wedding of their sister, Katie and were buried on Sept. 9 in Philadelphia, where Johnny’s wife, Meredith, revealed she was pregnant. She gave birth to their son Carter on April 1. Matthew’s wife also was pregnant when he was killed and has since given birth.

Higgins, who worked at a drug and alcohol treatment center, was indicted on Dec. 11 after a grand jury submitted charges of two counts of reckless vehicular homicide, two counts of aggravated manslaughter, tampering with physical evidence, and leaving the scene of a fatal accident.

The defense rejected a plea deal in December before arguing in February that Higgins received an unfair offer that was “greatly out of the range of other plea offers made in Salem County over the past few years” from other vehicular homicide cases. A second filing was then submitted to show the blood alcohol levels of Johnny (0.129) and Matthew (0.134), and in March, Higgins’ defense counsel moved for a dismissal