Driver accused of killing NHL player Johnny Gaudreau and his brother had a blood alcohol level of 0.087

PHILADELPHIA — The driver accused of killing NHL hockey player Johnny Gaudreau and his brother Matthew as they rode bicycles on a country road had a blood-alcohol level of .087, above the legal limit of .08 in New Jersey, a prosecutor said Friday.

Gaudreau, 31, and his brother Matthew, 29, were killed near their parents' home in South Jersey on August 29, the night before they were scheduled to serve as best men at their sister Katie's wedding.

The driver, 43-year-old Sean M. Higgins of nearby Woodstown, New Jersey, is charged with two counts of vehicular manslaughter, reckless driving, possession of an open container and consumption of alcohol in a motor vehicle. At a virtual court hearing Friday, a judge ordered him to stand trial after prosecutors described a history of alleged road rage and aggressive driving.

“'You were probably driving like a madman, like I always tell you. And you're not listening to me, you're just yelling at me,'” his wife told Higgins when he called her from jail after his arrest, said Jonathan Flynn, first assistant Salem County prosecutor.

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

“He is a compassionate person and a loving father of two daughters,” said defense attorney Matthew Portella. “He is a good person and he made a terrible decision that night.”

Higgins told police he had five or six beers that day and admitted to drinking while driving, the indictment says. He also failed a breathalyzer test, the indictment says. A prosecutor said Friday he was drinking at home after finishing a work phone call about 3 p.m. and having an upsetting conversation with his mother about a family matter.

He then spent two hours on the phone with a friend while driving around in his Jeep with an open container, Flynn said. He drove aggressively behind a sedan, almost exceeding the 50 mph speed limit, sometimes tailgating, the driver told police.

As she and the vehicle in front of her slowed down and turned left to avoid the cyclists, Higgins accelerated, swerved to the right and crashed into the Gaudreaus, the other two drivers told police.

“He claimed he never even saw her,” said Superior Court Judge Michael J. Silvanio, who said Higgins' admitted “impatience” caused two deaths.

If convicted, Higgins faces up to 20 years in prison. According to the judge, the verdict makes 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 lawyers said. But his wife said he had been drinking regularly since working at home, Flynn said.

Johnny Gaudreau, known as “Johnny Hockey,” played ten full seasons in the league and was set to begin his third season with the Columbus Blue Jackets in 2022 after signing a seven-year, $68 million contract. He played his first eight seasons with the Calgary Flames, during which time he became one of the best players in the sport and a fan favorite across North America.

Widows Meredith and Madeline Gaudreau described their husbands as inseparable throughout their lives. Both women are expecting a child and delivered moving eulogies at a heartbreaking double funeral on Monday.

“I urge everyone to never drive while drunk,” said Madeline Gaudreau. “Hold a ride. Please don't put any other family through this ordeal. The loss of Matty and John will forever leave a void in the family, his close friends and the community.”

Defence lawyers seeking bail suggested that Higgins should only be allowed to drive with an interlock device to protect him from drink-driving, and pointed out that his blood was just over the legal limit, adding that recent knee surgery was likely to have affected the test.

But Flynn argued that the ban would not stop the “fundamental problem” of Higgins' “angry and aggressive driving”, which was exacerbated by alcohol that day.