Sean M. Higgins, the driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew while they biked on a rural road, had a blood-alcohol level of .087, above the .08 legal limit in New Jersey, a prosecutor said Friday.
The brothers had gone for a bicycle ride in Carneys Point, N.J., on Aug. 29, the eve of their sister Katie’s wedding, where they were both to serve as groomsmen.
However, they never made it back to their childhood home after they were struck from behind.
Higgins, 43, of nearby Woodstown, N.J., is charged with two counts of death by auto, along with reckless driving, possession of an open container and consuming alcohol in a motor vehicle.
The information about his blood alcohol level came during a hearing Friday, where Judge Michael Silvanio said he had “significant concerns” about Higgins being released from custody while his case was pending and ordered him to continue to be held in jail.
While Higgins is no longer under active suicide watch, Silviano said he still has “concerns if he’s released from jail what he may or may not do.”
Higgins faces up to 20 years, a sentence that the judge said made him a flight risk.
Citing those concerns and “public health, safety and welfare,” Silviano denied Higgins’ bond.
Higgins reportedly broke into tears after the ruling, and cried on and off during the hearing, several outlets reported. He is scheduled for his next court appearance in October.
Higgins told police he had five or six beers that day and admitted to consuming alcohol while driving, according to the criminal complaint. He also failed a field sobriety test, the complaint said. A prosecutor on Friday said he had been drinking at home after finishing a work call at about 3 p.m., and he also had an upsetting conversation with his mother about a family matter.
He then had a two-hour phone call with a friend while he drove around in his Jeep with an open container, First Assistant Prosecutor Jonathan Flynn said. He had been driving aggressively behind a sedan going just above the 50 mph speed limit, sometimes tailgating, the female driver told police. She said slowed down and veered left to avoid hitting the cyclists and Higgins opted to pass her, veering right, which is when he hit the brothers.
“He indicated he didn’t even see them,” said Silvanio, who said Higgins’ admitted “impatience” caused two deaths.
At Friday’s hearing, prosecutors claimed Higgins had a history of aggressive driving and road rage, and pointed to a conversation between the driver and his wife, made shortly after he was booked into jail.
“‘You were probably driving like a nut like I always tell you you do. And you don’t listen to me, instead you just yell at me,’” his wife told Higgins when he called her from jail after his arrest, said Flynn.
Higgins’ lawyers painted a different picture, describing their client as a loving father and husband and otherwise law-abiding citizen.
“He’s an empathetic individual and he’s a loving father of two daughters,” said defence lawyer Matthew Portella. “He’s a good person and he made a horrible decision that night.”
Johnny Gaudreau was a fourth-round pick of the Calgary Flames in 2011 and made his NHL debut in 2014 just after playing his final college game. He was named to the league’s all-rookie team during his first full professional season.
He was perennially one of the top players in the sport and in 2021-22 set career highs with 40 goals, 75 assists and 115 points.
That summer, he signed a seven-year contract worth $68.25 million with the Columbus Blue Jackets as the top free agent on the market. He made two more All-Star Weekend appearances, giving him seven total.
Matthew Gaudreau – who played hockey alongside his famous brother at Boston College – was set to become a first-time dad with his wife, Madeline, in December.
At the brothers’ funeral earlier this week, Johnny’s wife Meredith revealed that she is pregnant with their third child.
— With files from Global News’ Caley Gibson and The Associated Press