The man accused of killing NHL star Johnny Gaudreau and his brother, Matthew, while driving under the influence will remain in jail as the case proceeds, a New Jersey judge ruled Friday morning.
New Jersey Superior Court Judge Michael J. Silvanio accepted the state’s argument that Sean M. Higgins, 43, should remain in jail, primarily because of concerns about whether Higgins would be able to safely operate a vehicle if released on bail.
Next court date is Oct. 15.
While making his case for detention, New Jersey prosecutor Jonathan Flynn called Higgins a “danger” to the community, citing the “reckless” driving and “road rage” alleged in this incident. The state introduced evidence that stated Higgins’ blood-alcohol level as recorded by 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,” “who made a horrible decision on the night of the incident” and was not a flight risk. Higgins, who saw active duty in the U.S. Army in Iraq from 2004-08, is also represented by Richard F. Kleinburger.
Higgins, who has been in custody since being arrested in connection with the incident and appeared in a video conference from Salem County jail, appeared to wipe away tears throughout the hearing.
The judge, defence lawyers and prosecutor spent 20 minutes in a private meeting before the matter was discussed in court.
The Gaudreau brothers were cycling on a road on the night of Aug. 29 when a man driving an SUV in the same direction attempted to pass two other vehicles on the right side and struck the cyclists from behind at around 8 p.m., according to New Jersey State Police. The Gaudreaus were pronounced dead at the scene.
Their sister was due to get married the next day in Philadelphia.
Police allege Higgins was under the influence of alcohol, and he’s charged with two counts of death by auto/vehicular manslaughter, along with reckless driving, possession of an open container and consuming alcohol in a motor vehicle.
The maximum sentence for a conviction would be 20 years.
— With files from The Associated Press
