The driver accused of hitting and killing Johnny and Matthew Gaudreau in 2024 lost another effort in court on Thursday.
An appellate judge in New Jersey said that the statements Sean Higgins made after the crash will be allowed to be used at trial.
What happened on Jan. 15 was a ruling on an appeal that was made by Higgins’ attorneys challenging a November court decision that the statements he made were lawfully obtained.
Defense attorneys said that they should be thrown out because Higgins wasn’t properly read his Miranda rights.
The judge on Thursday said the attorneys did not demonstrate sufficient justification.
Higgins admitted to police officers at the scene of the crash that he five or six beers and that he hit the brothers as they were riding bicycles at the time.
The deaths of Johnny and Matthew Gaudreau
John Gaudreau, 31, and Matthew Gaudreau, 29, were killed in a crash that happened as they were riding their bikes north on County Route 551 in Oldmans Township on Thursday, Aug. 29, 2024, at 8:19 p.m.
Officials said at that time they were struck by a Jeep Grand Cherokee that was headed north on County Route 551, driven by Higgins according to investigators.
Court documents note that Higgins tried to pass two vehicles ahead of him and entered the southbound lanes.
An SUV in front of Higgins moved to the middle of the roadway, splitting the north and south lanes in order to safely pass the Gaudreau brothers as they rode their bikes on the right side of the road, court documents claim.
Higgins then tried to pass the SUV on the left side shoulder, admitting in a recording played in court on Wednesday that he thought the vehicle ahead of him was moving too slowly, and struck the Gaudreau brothers, police believe.
Both brothers died from injuries they suffered in the crash.
Also, court documents claim, a trooper at the scene determined that Higgins’ breath smelled like alcohol, and he is alleged to have admitted to drinking five to six beers prior to the crash.
Investigators also said Higgins – who was employed at a nonprofit drug and alcohol treatment center at the time – failed a sobriety test.
Higgins has been charged with aggravated manslaughter, reckless vehicular homicide and other offenses in the deadly crash.
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