A New Jersey judge issued another blow to the defense team representing Sean Higgins, the driver charged with killing Johnny and Matthew Gaudreau in Salem County.
On Thursday, Judge Morris G. Smith, with the Superior Court’s Appellate Division, denied a motion seeking to file an appeal in the case.
IMAGE: Sean Higgins appeared in court for a Miranda hearing on Oct. 29, 2025, in connection with the crash that killed Johnny and Matthew Gaudreau.
Higgins’ attorneys have been seeking to challenge the admissibility of his initial statements made to police, alleging his Miranda rights were violated.
In November, Superior Court Judge Michael Silvanio heard arguments on the issue, but ultimately ruled that Higgins’ statements were lawfully obtained.
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The defense team then sought to have the Appellate Division grant an appeal in the case, but Judge Smith ruled Thursday that they didn’t demonstrate “sufficient justification to overcome the strong policies disfavoring piecemeal review of litigation.”
“Both Mr. Klineburger and I are disappointed with the Appellate Court’s decision not to accept and hear the interlocutory appeal on its merits and the arguments on such an important Constitutional issue in Mr. Higgins’ case,” said Matthew V. Portella, one of Higgins’ attorneys, in a statement to Action News.
Police say Johnny, 31, and Matthew, 29, were struck and killed while biking near their hometown. Higgins was found beside his damaged vehicle about a quarter mile from the scene.
Johnny and Mathew Gaudreau
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A driver who was in front of Higgins told police that Higgins had been driving aggressively. When she and the vehicle ahead of her slowed down and moved left to go around the cyclists, Higgins sped up and veered right, striking the Gaudreaus, she said.
“I’ve been drinking beers,” Higgins told police before performing field sobriety tests. In the video, Higgins stated that he had about “five or six” beers starting around noon on the day of the crash.
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“I haven’t had one in like two hours,” he can be heard saying to troopers on the side of the road.
Police say Higgins had a blood-alcohol level of .087, which is above the state’s .08 legal limit, and he failed a field sobriety test.
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During previous hearings, defense lawyers noted that Higgins had a recent knee surgery that likely impacted the field test.
He is charged with two counts each of reckless vehicular homicide, aggravated manslaughter, evidence tampering, and leaving the scene of a fatal accident.
If convicted on all counts, Higgins faces up to 70 years in prison. His attorneys have rejected a plea deal offering 35 years.
Higgins is due back in court on Feb. 24 for a discretionary conference.
