Driver Accused of Killing Johnny and Matthew Gaudreau Indicted on Homicide and Manslaughter Charges

A grand jury has indicted Sean M. Higgins in the deaths of Johnny and Matthew Gaudreau.

According to Salem County court documents obtained by PEOPLE, Higgins, 44, was formally indicted by a grand jury on Wednesday, Dec. 11 on several charges, including second-degree reckless vehicular homicide and first-degree aggravated manslaughter.

The New Jersey man, who is accused of fatally striking and killing the Gaudreau brothers in their hometown on the night before their sister’s wedding, was also indicted on charges of fourth-degree tampering with physical evidence and second-degree leaving the scene of a fatal accident.

In a statement to ABC Action News earlier this week, Higgins’ defense attorney Matthew Portella said his team is “still waiting on additional material evidence” and they are “not at liberty to discuss the details” at this time.

“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,” Portella said.

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Johnny and Matthew were biking on Country Route 551 North just after 8 p.m. when Higgins, suspected to be under the influence of alcohol, allegedly attempted to pass another car and fatally hit the brothers, New Jersey State Police told PEOPLE.

New Jersey police released body cam footage of Higgins’ arrest on Friday, Dec. 6, showing him asking if the brothers were “okay.”

“I’m just freaked out,” Higgins told police officers, as they conducted a series of sobriety tests. In the nine-and-a-half-minute long video, Higgins told police that it had been about an hour after his last drink, and that he had had “five or six Miller Lites” since noon that day.

“I mean, I’ve been drinking beers, but I haven’t had one in, like, two hours,” Higgins, of Woodstown, N.J., said.

Toward the end of the video, Higgins once again said he was “freaked out” and asked about the accident. 

“Is everybody okay back there?” he said. “What happened?”

An officer off-camera responded, “We’ll talk about that once we get to the station.”

Both brothers — who had been in town to serve as groomsmen then next day for their sister Katie’s wedding — tragically left behind a pregnant wife. Matthew’s wife Madeline is expecting her first child, and Meredith, who has two children with Johnny — 1-year-old daughter Noa and a 7-month-old son Johnny — is expecting the couple’s third.

Madeline, Meredith and the entire Gaudreau family have been supporting each other after the tragic deaths of Johnny and Matthew on Aug. 29.

On Dec. 3, the family traveled to Calgary, where they watched Johnny’s two former teams — the Calgary Flames and the Columbus Blue Jackets — face off after a special pre-game ceremony for Johnny, with Meredith and their two kids dropping the puck.