Andre Higgs, 43, of Watchung, was sent to the Essex County jail on Thursday after a judge modified his $1 million bail in a murder case in light of charges he caused a drunken crash while he was released on bail
NEWARK -- As a result of charges he caused a drunken crash on Christmas while released on $1 million bail in the fatal shooting of his child's mother in May, a man was sent to the Essex County jail on Thursday after a judge imposed a more stringent bail requirement in the murder case.
Andre Higgs, 43, was released from custody in August after posting the $1 million bail in large part with a property bond covering about $706,000 in equity from his Watchung home.
But since Higgs has been charged with driving drunk and crashing into a minivan on the New Jersey Turnpike, Superior Court Judge Ronald Wigler on Thursday granted the state's application that Higgs must post the entire $1 million bail in cash.
Following the judge's ruling, Higgs was immediately taken into custody.
Given the murder charge against Higgs and his prior criminal record - which includes convictions for aggravated assault and drug offenses - Wigler found Higgs's case met the requirements for a full cash bail.
In seeking the full cash bail for Higgs, Essex County Assistant Prosecutor Justin Edwab said Higgs "continues to be a danger." As other options, Edwab also asked Wigler to increase Higgs's bail or revoke it.
"He got behind the wheel. He drove drunk, and he crashed and almost killed another person," Edwab told the judge, later adding that "in the interest of justice, he has to be stopped.
"The only way the state believes that we can dispel the dangers of Mr. Higgs is to either revoke the bail or make it a full cash bail," Edwab said.
But Higgs's attorney, Thomas Ashley, argued against any change in Higgs's bail, saying he was presumed innocent in both cases and that there is no clear evidence that he was intoxicated at the time of the crash. Higgs denies he was drunk, Ashley said.
Ashley said Higgs was not administered a Breathalyzer test and his blood was not drawn until several hours after the collision. Ashley said the court documents about the case do not indicate the results of the blood test.
Ashley argued Higgs failed field sobriety tests as a result of injuries he sustained when he was shot by a police officer at the time of May's fatal shooting.
"This was an accident," Ashley said. "There's no clear proof that he was drunk at all, and I think that the court should recognize that."
Ashley said there is nothing that "demonstrates he's a danger to himself or a danger to the community."
Wigler noted that police reports on the crash indicate that a state trooper smelled alcohol on Higgs and observed that his eyes were watery and bloodshot.
The collision occurred shortly after midnight on Dec. 25 on the Turnpike in Cranbury when Higgs allegedly crashed a Dodge Ram into the rear of a Dodge Caravan that was parked on the right shoulder.
The driver of the Caravan - who had stepped out of the vehicle and was assisting a family member in the back seat - was thrown into the middle of the highway as a result of the crash and suffered two broken hip bones, according to Edwab.
Higgs was ultimately charged with assault by auto and driving while intoxicated and he was released after posting $75,000 bail.
In the murder case, Higgs is accused of shooting Latrena May, 27, outside her East Orange home on May 1 while their four-year-old daughter was inside the residence.
Latrena May Authorities have said Higgs and May were arguing on the porch of her Tremont Avenue home. As May flagged down a police officer patrolling the area, Higgs shot her three times and the officer then shot Higgs, authorities said.
After the shooting, Higgs went into the house and threw the gun on the floor of a hallway before he was ultimately apprehended, Edwab previously said. The girl, who lived with May, was in their first-floor apartment at the time of the shooting, and then ran to the second-floor apartment afterward, Edwab said.
A teacher at Pride Academy Charter School in East Orange, May was pronounced dead at the scene. She has been remembered as a dedicated and passionate educator who showed "unconditional kindness" to others.
Higgs was treated at University Hospital in Newark and transferred on May 11 to the Essex County Correctional Facility, where he remained until posting the $1 million bail. He was released from custody on Aug. 14.
Ashley has indicated that part of the defense will be that Higgs was intoxicated at the time of shooting.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.