The ‘drunk’ driver who hit and killed NHL star Johnny Gaudreau and his brother Matthew had a blood alcohol level above the legal limit, prosecutors said.
Sean Higgins, 43, is charged with two counts of death by auto as well as traffic charges over the August 29 crash.
The Columbus Blue Jackets star forward, 31, and his brother 29, were out cycling the night before their sister’s wedding when they were struck by Higgins.
Now it has emerged his blood alcohol level was 0.087, above the Ohio limit of 0.08, according to prosecutors.
An emotional Higgins remained silent throughout the hearing, only indicating he understood his rights
The brothers were due to be groomsmen at their sister Katie’s wedding the day after their death
Higgins, of Woodstown, New Jersey, is being held in jail after Judge Michael Silvanio said he had ‘significant concerns’ he could be a flight risk, The Columbus Dispatch reports.
‘His operation was so impaired he didn’t even see these two young men,’ Silvanio said. ‘Due to his impatience. In his statement himself, he said he has issues with impatience on the roadway.’
Prosecutor Jonathan Flynn said Higins was driving at a ‘high rate of speed’ behind two vehicles.
The drivers of the vehicles said they were driving at 55mph on the 55mph stretch.
A motorist in an SUV told investigators he moved to the left to avoid the brothers, but at this point Higgins’ Jeep Grand Cherokee accelerated on the right to pass resulting in the crash.
He told state troopers he had drunk ‘five to six’ beers prior to the collision.
Other motorists described him speeding up and decelerating as he attempted to get round the vehicles.
Higgins’ wife said her husband had begun drinking while working from home.
Following his arrest, he reportedly admitted his responsibility to relative and a friend over taped phone calls from jail.
Sean M. Higgins, top, the alleged drunken driver appears before Judge Michael Silvanio
Sean Higgins of New Jersey faces up to 20 years in prison if convicted on all counts
A graphic displays the crash that killed Johnny and Matthew Gaudreau last Thursday night
In court on Friday, an Higgins did not speak excepted to confirm he understood his rights.
His attorney, Matthew Portella, said Higgins’ blood alcohol level was ‘right at the legal limit’.
He said he failed field sobriety tests as a result of a limp due to recent knee surgery.
‘He told the troopers everything that happened,’ Portella said. ‘He just took the lives of two people and upended families … The fact that he was suicidal, we understand that. He’s no longer suicidal.’
The brothers were due to be in their sister Katie’s wedding the day after they died.
The crash happened less than three miles from the Gaudreau family home, hours before Katie was due to marry partner Devin Joyce.
Higgins does have previous incidents of reckless driving and road rage, Flynn told the courtroom.
Mourners leave the funeral service for Columbus Blue Jackets forward Johnny Gaudreau and his brother, Matthew Gaudreau
Johnny’s wife Meredith revealed that she is pregnant with the couple’s third child during his funeral
Johnny leaves behind his wife Meredith, whom he married in September 2021, and two young children; one-year-old daughter Noa and baby boy Johnny – born just six months ago.
Meredith has since revealed during the brothers’ funeral that she is pregnant with Johnny’s third child.
Matthew, meanwhile, leaves behind his wife, Madeline, just over three years after their wedding in New Jersey. Madeline is expected to give birth to their son, Tripp, in late December.