NJ- Columbus Blue Jackets forward Johnny Gaudreau, 31, & brother, Matthew, 29, ret. pro. hockey player, hit & killed by DUI driver, 29/8/24

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''Judge Michael Silvanio rescheduled the case for Sept. 13, when attorneys will present the judge with additional documentation related to whether Higgins should remain in jail. New Jersey does not use a cash bail system like the system used in Ohio.''
 
If he is sentenced to 20 years, he will serve a minimum of 6.5 years. It sounds like he thinks he deserves a pass for killing two cyclists on the basis that he was drunk. Canadians will be watching how this unfolds.

"Generally speaking, vehicular homicide is a crime of the second degree. Similar offenses include aggravated assault, robbery and manslaughter. These second degree crimes are subject to a penalty of five to ten years in state prison and a fine of up to $150,000.

When alcohol or drugs are involved, vehicular homicide may be charged as a first degree crime which means it can carry much stiffer penalties. First degree crimes in New Jersey come with prison sentences of 10 to 20 years and fines of up to $200,000. Minimum sentences are imposed for DWI vehicular homicide. Convicted defendants are required to serve at least one third of their sentences, or three years, whichever is greater, without the possibility of parole."


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If he is sentenced to 20 years, he will serve a minimum of 6.5 years. It sounds like he thinks he deserves a pass for killing two cyclists on the basis that he was drunk. Canadians will be watching how this unfolds.

"Generally speaking, vehicular homicide is a crime of the second degree. Similar offenses include aggravated assault, robbery and manslaughter. These second degree crimes are subject to a penalty of five to ten years in state prison and a fine of up to $150,000.

When alcohol or drugs are involved, vehicular homicide may be charged as a first degree crime which means it can carry much stiffer penalties. First degree crimes in New Jersey come with prison sentences of 10 to 20 years and fines of up to $200,000. Minimum sentences are imposed for DWI vehicular homicide. Convicted defendants are required to serve at least one third of their sentences, or three years, whichever is greater, without the possibility of parole."


View attachment 529181
Thank you for clarification of the law!!! it is very helpful---- this is such a sad and tragic case- both brothers killed and a pregnant wife left behind as well. Senseless as well and an apparent remorseless defendant!
 
Speeding and drunk driving in the past, and no consequence.

"According to published reports, Sean Higgins had at least two prior charges in North Carolina that were ultimately dismissed.

The published report indicates Higgins was charged with a DUI in 2005, but escaped conviction because the arresting officer didn't show up.

The report also reflects that Higgins received a speeding ticket in 2001 that was dismissed due to Higgins' relatively clean driving history at the time.

A separate published report noted that Higgins held a position with the New Jersey Army National Guard."

 
When this man is sentenced, the judge should take into consideration not only the two free passes he had in the past for drunk driving and speeding, but also his attitude after killing two cyclists while drunk. Two people were dead, killed at the scene, and he was upset about spending time in jail over the long weekend.

I wonder whether he thought he could keep it quiet from his job, or friends and family. My impression is that he didn't have any sense of what he did.

"The brothers died at the scene. Higgins was suspected of being under the influence of alcohol and has been charged with two counts of death by auto.

During his initial virtual court appearance last Friday, Higgins looked dejected when a judge told him he was going to be spending the weekend behind bars.

“So … I’m here until Thursday?” an exasperated Higgins asked Silvanio when he learned he would be held in jail over the long weekend."

 
When this man is sentenced, the judge should take into consideration not only the two free passes he had in the past for drunk driving and speeding, but also his attitude after killing two cyclists while drunk. Two people were dead, killed at the scene, and he was upset about spending time in jail over the long weekend.

I wonder whether he thought he could keep it quiet from his job, or friends and family. My impression is that he didn't have any sense of what he did.

"The brothers died at the scene. Higgins was suspected of being under the influence of alcohol and has been charged with two counts of death by auto.

During his initial virtual court appearance last Friday, Higgins looked dejected when a judge told him he was going to be spending the weekend behind bars.

“So … I’m here until Thursday?” an exasperated Higgins asked Silvanio when he learned he would be held in jail over the long weekend."

Thank you for keeping us apprised of the developments of this case and this man's history. Hoping for a just sentence in this case, but I am also ready to be disappointed. What is most troublesome is the apparent lack of remorse by this defendant.
 
Thank you for keeping us apprised of the developments of this case and this man's history. Hoping for a just sentence in this case, but I am also ready to be disappointed. What is most troublesome is the apparent lack of remorse by this defendant.
The apparent lack of remorse is so shocking that his comments are a major point in Canadian news. The man seems to think that killing a couple of cyclists is so insignificant that he should get a ticket and be sent home so he can party through the long weekend.

My impression is that he has elevated his importance as an Army National Guard reservist above that of a couple of cyclists. Hopefully he has a better understanding of what he did tomorrow. Hockey fans and players are paying attention.

What is fair and just? He has a history of speeding and drunk driving, but no convictions. He got a pass both times. Is that because he is Army reservist? He killed someone 20 years later.

He should be sentenced to 20 years for first degree vehicular homicide with the added aggravation of absence of remorse - after the fact doesn't count. He should be fined $200,000, including seizing property. He will be free to resume his life in 6.5 years.

Does 1 day pre-trial incarceration count for 1.5 days of sentence? He could be released in 4 years if he is kept in jail until trial. That seems excessive - since he is not a risk to others except with a car and alcohol.

"When alcohol or drugs are involved, vehicular homicide may be charged as a first degree crime which means it can carry much stiffer penalties. First degree crimes in New Jersey come with prison sentences of 10 to 20 years and fines of up to $200,000. Minimum sentences are imposed for DWI vehicular homicide. Convicted defendants are required to serve at least one third of their sentences, or three years, whichever is greater, without the possibility of parole." (link: comment #22)
 
The wives of NHL star Johnny Gaudreau and brother Matthew Gaudreau shared emotional remembrances of their husbands at their funeral on Monday.

...

Updated Sep 09, 2024 at 2:01 PM EDT
 
The 'drunk' driver who hit and killed NHL star Johnny Gaudreau and his brother Matthew had a blood alcohol level above the legal limit, prosecutors said.

Sean Higgins, 43, is charged with two counts of death by auto as well as traffic charges over the August 29 crash.

The Columbus Blue Jackets star forward, 31, and his brother 29, were out cycling the night before their sister's wedding when they were struck by Higgins.

...


UPDATED: 14:08 EDT, 13 September 2024


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UPDATED: 14:08 EDT, 13 September 2024

From the link: "The Columbus Blue Jackets star forward, 31, and his brother 29, were out cycling the night before their sister's wedding when they were struck by Higgins.

Now it has emerged his blood alcohol level was 0.087, above the Ohio limit of 0.08, according to prosecutors."

It appears the Daily Mail mixed up the state where Johnny played (Ohio) vs the state where this took place (New Jersey). I looked it up and the BAC level for a DUI in NJ is indeed 0.08, so he was legally drunk by the state of NJ laws.
 
As an evening driver, although always sober, I almost crawl in our neighborhood because people do not weal light-reflecting clothes. This is a reminder for everyone, please, wear something that would reflect light in the night.
I AM ANGRY. And I accept that some anger may be directed this way for what I - a cyclist for fitness and occasional competition over 4+ decades here and overseas - offer our readership:
_____________________________________________

- That NJ County Road was no place to go cycling.
[Please search for some daylight photos on a maps site; check your "robot" pedestrian vantages, North and South]
- It is straight as a die, passing permitted (broken yellow), unpaved beyond its white sidelines, w/ a NJ county road speed limit of fifty mph. Meaning - pardon me - that in practice a mile-a-minute will be more like it; and when attempting a permissible overtaking will be in excess of that; and if a multiple overtaking, 70+mph should not surprise many of us;
- Once committed apparently as here, should the overtaker see on-coming headlights - the closing distance from which cannot be remotely estimated - you are in the proverbial kettle of fish. NB. This obtains with a sober, undistracted operator.
- Reportedly, "Vehicle @ #2", supra,. swerves in front of you at this critical moment.
[Asides: Could this vehicle have not seen the two single-file cyclists in time himself? ; any bicycle red taillights?, or bicycle reflectors...more likely, but not effective unless this vehicle has his headlights on? Unlikely we'll ever know from a public record...] Thus, we arrive at an unavertable, precipitous swerve...?
- Triggering a reflexive swerve, in the opposite direction, by the overtaking vehicle,
- and, in a consequential instant: undefinable tragedy.
______________________________________________

This pulls at my heart, sickeningly so, because it shouts, Wrong Place/Wrong Time.
Horribly and tandemly so: At the fatal scene and most sorrowfully at its periphery of loved ones.
 
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The brief hearing, in which the judge granted prosecutors 30 additional days in which to seek formal charges in the Gaudreaus' Aug. 29 deaths, marked the first time the Gaudreau family and the 44-year-old defendant, Sean M. Higgins, faced one another in court. Previously, Higgins appeared at hearings via video from behind bars.
 

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