Court appearance delayed for driver in fatal Gaudreau brothers crash

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Authorities in New Jersey haven’t said how fast the accused driver was going when he struck and killed brothers and hockey players Johnny and Matthew Gaudreau this summer.

During Sean M. Higgins’ last court appearance in September, Jonathan Flynn, the Salem County assistant prosecutor overseeing the case, suggested it was over the 50 miles per hour speed limit.

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As reported by The Columbus Dispatch, he also said the two drivers Higgins attempted to pass prior to the collision estimated their speeds at 55 mph (roughly 88 kilometres per hour), suggesting Higgins was going even faster.

It may have been among the information to have been presented during a pre-indictment conference originally set for Tuesday but later rescheduled.

Details unlikely to be released publicly, however, include the 911 calls and other details from the scene.

While a judge ruled the records can be released publicly, despite the estates of both men filing a request to prevent it, The Dispatch reported that police and prosecutors aren’t likely to do so as state law gives them the discretion to project the victims’ privacy.

Higgins, a 43-year-old Iraq War veteran and married father of two from Woodstown, N.J., is charged with two counts of death by auto after he struck the brothers as they cycled along a New Jersey roadway on Aug. 29, the eve of their younger sister’s wedding.

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He’s also charged with reckless driving, possession of an open container and consuming alcohol in a motor vehicle.

In New Jersey, pre-indictment conferences are meetings regarding the indictable offence, known as a felony in most other states, during which the judge, the prosecution and the defence discuss evidence in the case and decide how to proceed.

Oftentimes, the prosecution will offer the defendant a chance to plead guilty or no contest, potentially lessening the sentence.

The maximum sentence for a death by auto charge is 10 years, meaning Higgins could face up to 20 years in prison.

Jeremy Lackey, a New Jersey criminal defence attorney and partner at Lackey & Miller LLC, told the Calgary Herald that even if a plea deal is offered, he expects Higgins’ lawyer to challenge the allegations their client was impaired.

As reported by The Associated Press, the criminal complaint against Higgins notes he told an officer at the scene that he’d consumed five or six beers before the collision and admitted to drinking while driving. During a September hearing regarding bail, which was ultimately denied, the prosecution alleged Higgins started drinking at home after a work call ended at about 3 p.m. and following an upsetting conversation with his mother.

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Higgins’ blood alcohol level following the accident was recorded at 0.087, just over the state’s legal limit of 0.08.

Lackey also said the state is not required to provide a plea deal and the matter could end up before the grand jury, who’ll decide whether to indict Higgins and send him to trial.

“The common course is that there (will be) some negotiations between the (pre-indictment) date and indictment, especially if you think it’s going to be beneficial to your client,” Lackey said.

Over the weekend, the impending conference was likely back of mind for Madeline Gaudreau, Matthew’s widow, as she celebrated the baby shower for their first child.

The mom-to-be posted a series of photos to her Instagram account Sunday, revealing the boy’s name as Tripp. Among the guests was Meredith Gaudreau, her sister-in-law and Johnny’s widow. She, too, is pregnant, a fact she revealed at the pair’s funeral in September.

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