Prosecutors say the driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew as they bicycled on a rural road had a blood-alcohol level of .087. That’s above the .08 legal limit in New Jersey. At a virtual court hearing Friday, they say suspect Sean Higgins also has a history of road rage. A judge has ordered him detained until trial.
What to Know
- Prosecutors say the driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew as they bicycled on a rural road had a blood-alcohol level of .087.
- At a virtual court hearing Friday, they say 43-year-old suspect Sean Higgins also has a history of road rage. Defense lawyers say Higgins is a married father with no criminal history before the August 29 crash.
- A judge has ordered Higgins detained until trial.
The man accused of being drunk when his car struck and killed NHL star Johnny Gaudreau and brother Matthew as they biked near their South Jersey hometown the night before their sister's wedding will remain jailed awaiting trial as it was revealed he had a blood alcohol level above the legal limit and a history of road rage.
The decision to continue Sean Higgins' detention in Salem County Jail was made during a Friday, Sept. 13, Zoom detention hearing in front of Superior Court judge Michael Silvanio.
"I believe the state has convinced this court by clear and convincing evidence that there is no amount of monetary bail, or non monetary conditions, or combination thereof, that I could put in place that would ensure the statutory goals," Silvanio said. "For those reasons I am going to grant the state's motion to detain Mr. Higgins pending the further outcome of this case."
Get top local stories in San Diego delivered to you every morning. Sign up for NBC San Diego's News Headlines newsletter.
The case is being closely followed far beyond South Jersey. 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 deal in 2022. He played his first eight seasons with the Calgary Flames, a tenure that included becoming one of the sport’s top players and a fan favorite across North America.
“This is a highly-publicized case, it’s an emotionally-charged case and one in which everybody has lost and is losing,” Higgins' attorney Matthew Portella said Friday.
Higgins could be seen on screen Friday morning with facial hair and wearing a green shirt. At the start of the hearing, Silvanio made the South Jersey resident aware of his rights and made sure that Higgins was aware of his rights. "Yes your honor," Higgins replied to the judge's instructions.
Prosecutor, defense team lay out what happened on night of deadly crash, argue over detainment
The Gaudreau brothers grew up in the Philadelphia suburb of Carneys Point, New Jersey, where they spent their childhoods on the ice. They played at Gloucester Catholic High School, with Team Comcast and with the Philadelphia Little Flyers. Johnny went on to an All-Star career in the NHL.
Johnny, 31, and brother, Matt, 29, were set to serve as groomsmen at their sister Katie’s wedding that was scheduled for Friday, Aug. 30, in nearby Philadelphia, according to family.
The Gaudreaus were cycling on a road in Oldmans Township on Thursday, Aug. 29, when a man driving an SUV in the same direction attempted to pass two other vehicles and struck them from behind at about 8 p.m., according to New Jersey State Police. They were pronounced dead at the scene.
Police said the striking driver, 43-year-old Higgins, was suspected of being under the influence of alcohol and charged with two counts of death by auto, along with reckless driving, possession of an open container and consuming alcohol in a motor vehicle.
Another driver had slowed down and pulled into the opposing lane of traffic to safely pass the Gaudreau brothers, First Assistant Prosecutor Jonathan Flynn of Salem County said Friday. The driver behind that driver followed suit -- bother moving slightly above the 50 mph posted speed limit.
It is alleged that Higgins came speeding up behind the two other drivers and decides to overtake both cars. Higgins said he saw the driver moving to left lane as that driver trying to block him, Flynn said. Higgins then reacted by accelerating past one of the other driver on the right hand side, striking the Gaudreau brothers.
Higgins later claimed to have not seen the bikes.
Higgins told a responding officer he had five or six beers prior to the crash and admitted to consuming alcohol while driving, according to the criminal complaint obtained by The Associated Press.
Higgins told state police that he was also drinking in the car while driving, Flynn said Friday.
Higgins' attorneys pointed out that a Sept. 5 report on Higgins' blood alcohol at the time of the Aug. 29, 2024, wreck was .087% -- just above the legal limit.
Higgins' attorney said the BAC showed that Higgins was right around the intoxicated driving legal limit and that shouldn't be a mitigating circumstance in keeping him jailed.
However, the state argued that Higgins had made statements about ending his life and was known to drink and drive angrily.
"The whodunit and what happened is pretty well documented in the record," the prosecuting attorney said.
The judge noted the facts of the case while making his ruling after the prosecuting attorney and lawyers representing Higgins argued over if Higgins should remain jailed ahead of trial.
To be detained, the state had to display probable cause and prove that any bail offered wouldn't be sufficient enough for Higgins to appear in court for his trial.
"This is a serious crime," argued the prosecuting attorney, saying that Higgins' "impatience, anger and recklessness" led to the Gaudreau brothers' deaths.
Higgins is a married father to two daughters, ages 8 and 10, and a law-abiding citizen before the crash, his defense argued.
“He’s an empathetic individual and he’s a loving father of two daughters,” Portella said. “He’s a good person and he made a horrible decision that night.”
Higgins' attorney noted he has no previous record and shared letters on his behalf. Portella added that Higgins was low risk to not show up for court. His team also offered a breath monitoring machine on Higgins' car should he be released.
The prosecution painted another picture of Higgins.
Driving drunk and upset is not out of character for Higgins, prosecutors alleged.
Flynn argued that the locking device would not stop what he called “the fundamental issue” of Higgins's “angry and aggressive driving,” exacerbated that day by alcohol.
Higgins wife told investigators that he had been working from home and that had a negative effect on him that led drinking at his house. The prosecutor on Friday said he had been drinking at home after finishing a work call at about 3 p.m., and having an upsetting conversation with a family member.
He then had a two-hour phone call with a friend while he drove around in his Jeep with an open container, Flynn said.
“'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, according to Flynn.
"There simply is no condition that the court can place on Mr. Higgins that is going to control -- not only the aggressive driving, but unfortunately the drinking during the driving -- getting on the road and having this happen again," Flynn said while arguing Higgins should remain jailed.
In arguing for Higgins to remain behind bars, the state also argued that he could hurt himself if he is freed from behind bars as he could face up to 20 years behind bars.
"Clear intent to self-harm over the regret of what happened," the prosecuting attorney said.
"They're concerned that Mr. Higgins is going to put himself beyond the reach of the court... committing suicide," Portella said.
Higgins' attorney acknowledged that at the scene Higgins was upset and that he did say his life was over. However, he was no longer on suicide watch as of Friday's hearing.
He was "freaking out" and a recent knee surgery that caused a limp contributed to Higgins "not to be able to do the field sobriety test properly," Portella said.
Higgins will remain jailed ahead of his next court date on Oct. 15, for an in-person hearing.
Higgins has seven days to appeal the decision.
Higgins had previous driving violations
NBC10 obtained the New Jersey driver history for Higgins. Our investigators found that Higgins had previously been stopped by police for unsafe driving and other violations.
Through an open records request to New Jersey's Motor Vehicle Commission, we were able to see that Higgins was involved in two car crashes: One in 2016 and the other in 2021.
He was also cited between 2003 and 2014 for improper operation in a highway with marked lines, improper display of plates, speeding and unsafe operation of a motor vehicle.
The state of New Jersey Motor Vehicle Commission had Higgins listed "in good standing" at the time of last week's fatal crash.
We also found two violations in North Carolina that included driving while intoxicated in 2005 and a speeding ticket in 2021. Both were dismissed.
According to court records, the DWI was dismissed because the officer did not show up for the court date.
Higgins was an Army veteran who worked at an alcohol treatment center
He is a graduate of Drexel and Rutgers universities and a U.S. Army veteran who served in Iraq, his attorneys said. Higgins worked in finance for an addiction treatment company.
Higgins was an employee at Gaudenzia, a nonprofit drug and alcohol treatment center, at the time of the crash. He was at first placed on leave by the organization before being fired last week.
"Our thoughts and condolences remain with all those impacted by the tragedy that resulted in the loss of Johnny and Matthew Gaudreau," a statement from the Norristown-based company said. "Sean Higgins is no longer an employee of Gaudenzia."
Higgins' service time in Iraq -- which left him honored with a Bronze Star -- left his mentally scared, his attorney said.
Gaudreau family, hockey community, remember brothers, share message
The funeral for the Gaudreau brothers took place Monday at St. Mary Magdalen Catholic Church in Media, Pennsylvania.
Widows Meredith and Madeline Gaudreau described their husbands as attached at the hip throughout their lives. John was 31 and Matthew 29.
“Everything was always John and Matty,” said Meredith, John's wife, who revealed she was pregnant with the couple's third child. “I know John would not have been able to live a day without his brother.”
“I urge everyone to not drink and drive,” said Madeline Gaudreau, Matthew's pregnant wife. “Find a ride. Please don’t put another family through this torture.”
If you or someone you know is in crisis, call or text 988 to reach the Suicide and Crisis Lifeline or chat live at 988lifeline.org. You can also visit SpeakingOfSuicide.com/resources for additional support.
