Driver charged in death of Gaudreau brothers had blood alcohol level of .087%, denied bail

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Sean Higgins, the man accused of running down and killing NHL star Johnny Gaudreau and his brother Matthew while under the influence, will remain behind bars ahead of further court proceedings, a New Jersey judge has ruled.

During a virtual courtroom meeting on Friday morning. New Jersey Superior Court Judge Michael J. Silvanio accepted the state’s argument that Higgins should remain in jail, primarily due to concerns about whether Higgins would be able to safely operate a vehicle if released on bail.

Higgins, a married father of two from New Jersey, was ordered to remain in the Salem County Correctional Facility before a potential trial.

The next court date is scheduled for Oct. 15.

During the hearing, prosecutor Jonathan Flynn called Higgins a “danger” to the community, citing the “reckless” driving and “road rage” alleged in this incident.

Evidence also was introduced stating Higgins’ blood-alcohol level recorded during the on-site sobriety test was .087. The legal limit in New Jersey is .08.

One of Higgins’ lawyers, Matthew Portella, also appearing via video conferencing, maintained Higgins was “well-respected” and “a true patriot.”

Portella also said that Higgins had “made a horrible decision on the night of the incident” and was not a flight risk.

According to reports, Higgins — who has been in custody since his arrest last month and appeared in the video conference from Salem County jail — appeared to wipe away tears throughout the hearing.

The judge, defence lawyers and prosecutor had spent roughly 20 minutes in a private meeting before the matter was discussed in open court.

During his previous court appearance last week, Higgins had his detention hearing pushed back to Sept. 13 by Silvanio, who explained that he met with the accused’s lawyers and prosecutors, and both sides agreed to move the date.

The postponement is in order to file “exhibits and potential legal briefs” related to the case.

Higgins, a financial officer at a rehab company and married father of two daughters, allegedly slammed his Jeep Grand Cherokee into the Gaudreau brothers as they were cycling in their native Salem County, N.J., the night before their sister’s wedding last month.

Higgins was suspected of being under the influence of alcohol and has been charged with two counts of death by auto.

According to the criminal complaint obtained by The Associated Press, Higgins allegedly told authorities he drank “five to six beers” before the crash and admitted to consuming alcohol while driving.

During the funeral service for the Gaudreau brothers on Monday, which was held in Media, Pa., Meredith Gaudreau, the widow of Johnny revealed that she is pregnant.

Meredith and Johnny have two children — Noa, who turns two later this month, and Johnny Jr., who was born in February. 

It was widely known that Matthew’s widow, Madeline, also is expecting the couple’s first child. 

Meredith said she was nine weeks pregnant and that Johnny knew about it before his death. She said that he was overjoyed to learn she was going to give birth to their third child.