Driver accused of killing Johnny, Matthew Gaudreau indicted

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The driver accused of killing Johnny and Matthew Gaudreau in an alleged drunk driving incident in New Jersey this summer is facing new, more serious charges, which upon conviction could result in a lengthy prison sentence.

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On Wednesday, a Salem County grand jury formally indicted 44-year-old Sean M. Higgins of Woodstown, adding two counts of first-degree aggravated manslaughter.

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Previous charges of death by auto are now second-degree reckless vehicular homicide on the court docket, along with tampering with physical evidence and leaving the scene of an accident.

Prosecutors say Higgins struck the brothers as they were cycling along the shoulder of a road in Oldmans Township not far from their family home on the evening of Aug. 29, with both men declared dead at the scene.

They were set to stand in their younger sister Katie’s wedding the next day.

Witnesses interviewed by authorities suggest Higgins had been driving aggressively and the accident occurred when he used the shoulder to pass a driver who was giving the cycling brothers space.

Police said Higgins had a blood-alcohol level of .087, above the state’s .08 legal limit, and he failed a field sobriety test.

New Jersey State Police released body-cam footage of his arrest last week, during which Higgins struggles to follow instructions and complete the tests, blaming a recent knee surgery and the fact that he’s “freaked out.”

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He also admitted to consuming “five or six beers” that day but said he hadn’t consumed any alcohol for about an hour before the crash.

Higgins was arrested and, after being denied bail and deemed a flight risk, has been held in custody at the Salem County Correctional Facility since.

His arraignment is scheduled for Jan. 7 in front of Judge Michael Silvanio, according to an email from the court.

According to New Jersey lawyers Helmer, Conley and Kasselman, conviction on a vehicular homicide charge can result in “a sentence of between 5 to 10 years of prison time and up to a $150,000 fine.

“85% of that sentence must be served without parole and the person convicted must serve 3 years of special parole after they are released from prison.”

The aggravated manslaughter charges could prove more dire for Higgins. Each could bring a sentence between 10 and 30 years and a fine up to $200,000, according to New Jersey Criminal Defense Attorneys.

In a statement to ABC News earlier this week, defence co-counsel Matthew Portella said they were still waiting on additional evidence and declined further comment.

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“It would be unfair to both Mr. Higgins as well as the general public to make a statement until a full evaluation and review has been completed,” he wrote.

Prior to the fatal collision, court records obtained by the Columbus Dispatch show Higgins had multiple traffic violations against him, including operating under the influence of liquor or drugs, reckless driving, consuming alcoholic beverages in a motor vehicle, having an open alcoholic beverage in a vehicle, improper passing, and executing an unsafe lane change.

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