Sean Higgins, the man accused of striking and killing NHL player Johnny Gaudreau and his brother Matthew as they cycled on Aug. 29, had a blood alcohol level of .087 at the time of the incident—over the .08 legal limit for intoxication in New Jersey.
At a bail hearing on Friday, prosecutors also alleged that Higgins, who faces two counts of second-degree death by auto, has a history of aggressive driving and road rage. They pointed to a phone conversation between Higgins and his wife after his arrest.
“‘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,’” she told him, according to Salem County prosecutor Jonathan Flynn.
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Higgins’ defense team aimed to portray him as a sensitive family man.
“He’s an empathetic individual and he’s a loving father of two daughters,” said Matthew Portella, one of his lawyers. “He’s a good person and he made a horrible decision that night.”
Higgins has admitted to having five or six beers that day, beginning during a difficult phone call with his mother. He also failed a field sobriety test, although the defense team maintains that his mobility was limited by a recent knee injury.
His lawyers suggested that he be released on the condition that he drive only with a locking device on his car intended to prevent drunk driving. They argued that he had no friends or family outside the nearby area and was unlikely to flee.
Nevertheless, Salem County Judge Michael J. Silvanio, finding the 20-year maximum sentence a significant flight risk, sided with prosecutors and ordered Higgins to remain in jail until his next hearing.
Although Higgins did not speak during the hearing, he occasionally broke into tears.
