The driver accused of killing the Gaudreau brothers had a blood alcohol level above the limit: prosecutor

The driver accused of killing NHL hockey player Johnny Gaudreau and his brother Matthew as they rode their bikes on a rural road had a blood alcohol level of 0.087, over the legal limit of 0.08 in New Jersey, a prosecutor said Friday.

Gaudreau, 31, and brother Matthew, 29, were killed near their childhood home in South Jersey on August 29, the night before they were set to serve as groomsmen at their sister Katie’s wedding.

The driver, Sean M. Higgins, 43, of Woodstown, New Jersey, is charged with two counts of vehicular death, along with reckless driving, possession of an open container and consumption of alcohol in a motor vehicle. In a virtual court hearing Friday, a judge ordered him held for trial after prosecutors described a history of alleged road rage and aggressive driving.

“‘You must have been driving like a madman, as I always tell you you do. And you’re not listening to me, you’re just yelling at me,’” Higgins’ wife said when he called her from jail after his arrest, according to Salem County First Assistant Prosecutor Jonathan Flynn.

The defense described Higgins as a married father and law-abiding citizen before the 8:19 p.m. crash.

“He’s an empathetic individual and he’s a loving father of two daughters,” said defense attorney Matthew Portella. “He’s a good person and he made a terrible decision that night.”

Higgins told police he drank five or six beers that day and admitted to drinking while driving, according to the criminal complaint. He also failed a field sobriety test, the complaint says. A prosecutor said Friday that he had been drinking at home after finishing a work call around 3 p.m. and had an upsetting conversation with his mother about a family matter.

He then had a two-hour phone call with a friend while driving in his Jeep with an open container, Flynn said. He drove aggressively behind a sedan that was going just over the 50 mph speed limit, sometimes tailgating, the driver told police.

When she and the vehicle in front of her slowed and swerved to the left to avoid the bicyclists, Higgins accelerated and swerved to the right, hitting Gaudreau, the other two drivers told police.

“He indicated he didn’t even see them,” said Superior Court Judge Michael J. Silvanio, who said Higgins’ admitted “impatience” caused two deaths.

Higgins faces up to 20 years in prison if convicted, a sentence the judge said made him a flight risk.

Higgins has a master’s degree, works in finance for an addiction treatment company and served in combat in Iraq, his attorneys said. However, his wife said he had been drinking regularly since he was working from home, Flynn said.

Johnny Gaudreau, known as “Johnny Hockey,” played 10 full seasons in the league and was set to enter his third with the Columbus Blue Jackets after signing a seven-year, $68 million contract in 2022. He played first eight seasons with the Columbus Blue Jackets. Calgary Flames, a tenure that included becoming one of the sport’s best players and a fan favorite in North America.

Widows Meredith and Madeline Gaudreau described their husbands as attached at the hip throughout their lives. Both women are waiting and both gave emotional eulogies at a heartbreaking double funeral on Monday.

“I urge everyone to never drink and drive,” Madeline Gaudreau said. “Call for a ride. Please don’t put another family through this torture. The loss of Matty and John will leave a hole in the family, with his close friends, in the community for eternity.”

Defense lawyers, seeking bail, suggested Higgins could be restricted to driving only with an immobilizer to prevent him from drinking and driving. They, too, noted that he tested just over the legal limit, adding that recent knee surgery likely affected the field test.

But Flynn argued the interlock device would not stop what he called the “fundamental problem” of Higgins’ “angry and aggressive driving,” exacerbated that day by alcohol.

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