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.
Sean M. Higgins, 43, from Woodstown, N.J., is charged with two counts of death by auto in the deaths of Johnny and Matthew Gaudreau.
Salem County Correctional Facility
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 at the time of the incident 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.
Sean M. Higgins, top, the alleged drunken driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew as they bicycled on a rural road, appears before Judge Michael Silvanio, for his hearing via video from jail, Friday, Sept. 13, 2024, in Woodbury, N.J.
Derik Hamilton / The Associated Press
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, 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.
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 First Assistant Prosecutor Jonathan 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.”
Fans attend a vigil for former Calgary Flames player Johnny Gaudreau and his brother Matthew in Calgary, Alta., Wednesday, Sept. 4, 2024.
Jeff McIntosh / The Canadian Press
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.
This is a developing story. Please check back for updates.
‘He was everything’: Gaudreau brothers tearfully mourned at funeral
— With files from Global News’ Caley Gibson and The Associated Press