PHILADELPHIA — The driver accused of killing NHL hockey player Johnny Gaudreau and his brother Matthew while they were riding their bikes on a rural New Jersey road pleaded not guilty to the indictment Tuesday after refusing a prosecution offer of 35 years in prison.
Sean M. Higgins, 44, appeared briefly in Salem County, New Jersey, court and entered a formal plea to the recent indictment in the Aug. 29 deaths. The case will now move forward to trial.
Defense lawyers, in a statement, said they hoped to prove that the deaths were not the result of any “malfeasance” but “a combination of circumstances that are particularly unfortunate and unlikely to recur.”
They described Higgins as a veteran who has faith in the justice system.
Prosecutors say the married father of two — who worked for a drug treatment company — had a history of road rage and was impaired that day after drinking five or six beers. He said he had been driving for two hours, sometimes chatting on the phone with a friend, after an upsetting conversation with his mother.
Johnny Gaudreau, 31, and Matthew Gaudreau, 29, were killed near their childhood home in South Jersey on the eve of their sister’s wedding.
A driver in front of Higgins told police he was driving aggressively. When she and another driver slowed down and headed left to get around the cyclists, Higgins accelerated and veered right, hitting the Gaudreaus, she said.
Higgins had a blood alcohol level of 0.087, which is above the state’s legal limit of 0.08, and failed a field sobriety test, police said.
He is charged with two counts each of aggravated manslaughter and vehicular homicide, as well as tampering with evidence and leaving the scene of an accident.
Defense attorney Matthew Portella called Higgins a loving father and good person who “made a horrible decision that night.”
Portella and county attorneys confirmed the terms of the proposed deal.
Johnny Gaudreau, known as “Johnny Hockey,” played 10 full seasons in the NHL and was about to begin his third with the Columbus Blue Jackets. He played his first eight seasons with the Calgary Flames.
nbcnews