September 13, 2024
Adam Cairns/Columbus Dispatch; USA TODAY Network
Sean Higgins, the driver accused of fatally striking NHL player Johnny Gaudreau and his brother, Matthew, must remain detained until his trial, a judge ordered Friday. Above, onlookers mourn Johnny Gaudreau outside Nationwide Arena in Columbus, Ohio.
The driver charged with killing NHL star Johnny Gaudreau and his brother, Matthew, as they rode their bicycles on a rural New Jersey road was ordered Friday to be detained until trial.
Sean Higgins, 43, of Woodstown, New Jersey, is charged with two counts of death by auto, possession of an open container and consuming alcohol in a motor vehicle. During a court hearing Friday, prosecutors alleged Higgins had a blood alcohol level of .087% – above New Jersey's legal limit of 0.8% – when he crashed his Jeep Grand Cherokee into the Gaudreau brothers in Oldsmans Township on Aug. 29, ESPN reported.
Higgins allegedly told police that he had five to six beers before the crash and failed a field sobriety test.
Judge Michael Silvanio said he had "significant concerns" about Higgins being released from custody while the case was pending, the Columbus Dispatch reported. Salem County Assistant Prosecutor Jonathan Flynn said witnesses were concerned that Higgins made comments at the scene that indicated thoughts of self-harm or suicide.
Flynn cited interviews with Higgins's wife, who said Higgins drank regularly due to "adverse effects" of working from home. Flynn also alleged Higgins had a history of road rage and reckless driving, the Courier Post reported.
Higgins's lawyer Matthew Portella argued that Higgins's blood alcohol level was "right at the legal limit" and called Higgins a "model citizen" prior to the crash. Portella also said he is the father of 8-year and 10-year-old girls and cited his service in the Army.
Higgins has never been convicted of a crime, but he was arrested in 2005 in North Carolina under suspicion of driving under the influence. The charge was dismissed after the responding officer did not appear for the court date.
The next court appearance for Higgins is scheduled for Oct. 15.
Funeral services for Johnny, 31, and Matthew, 29, were held last week at a Delaware County church. Johnny, who played hockey for the Columbus Blue Jackets, is survived by his wife, Meredith, and two children. Matthew is survived by his wife, Madeline. Their wives are each pregnant.
