Driver accused of killing NHL's Johnny Gaudreau and his brother had .087 blood alcohol level

PHILADELPHIA (AP) – NHL hockey player Johnny Gaudreau and his brother Matthew have been charged with driving while riding bicycles on a rural road when they had a blood-alcohol level of .087, above New Jersey's .08 legal limit, a prosecutor said Friday.

Gaudreau, 31, and brother Mathieu, 29, were killed near their childhood home South Jersey On August 29, the evening before officiating as a groomsman at their sister Katie's wedding.

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

“'You were probably driving like a nut, like I always tell you. And you don't listen to me, instead you just yell at me,'” his wife told Higgins when she called him from jail after his arrest, the first in Salem County. According to Assistant Prosecutor Jonathan Flynn.

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

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

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

Flynn said he then had a two-hour phone call with a friend as he drove around in his Jeep with an open container. The driver told police he was driving aggressively behind a sedan going just above the 50 mph speed limit, tailgating at times.

When he and the car in front of him slowed down and swerved to the left to go around the bicyclists, Higgins sped up and swerved to the right, hitting Goudreus, two other drivers told police.

“He indicated he didn't even see them,” said Superior Court Judge Michael J. Silvanio, who said Higgins' admitted “impatience” caused the 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 organization and served in combat in Iraq, his lawyers said. However, his wife said he had been drinking regularly since he worked from home, Flynn said.

Johnny Goudreau, Known as “Johnny Hockey”. Columbus was set to enter third with the Blue Jackets after playing 10 full seasons in the league and signing a seven-year, $68 million contract through 2022. He played his first eight seasons with the Calgary Flames, including a tenure as the game's top player and fan favorite across North America.

Widows Meredith and Madeleine Gaudreau described their husbands as attached at the hip throughout their lives. Both women are expecting, and both give heartbreakingly moving compliments Double funeral monday

“I urge everyone to never drink and drive,” said Madeleine Goudreau. “A ride call. Please don't put another family through this torture. The loss of Matty and John will leave a hole in the family, his close friends, the community forever.”

Defense lawyers, in a bail application, suggested Higgins could be restricted to driving with only a locking device to prevent him from drinking and driving. And they noted that he tested above the legal limit, adding that recent knee surgery likely affected the field test.

But Flynn argued that the locking device would not have stopped what he called Higgins' “fundamental problem” of “angry and aggressive driving,” fueled by drinking that day.