The drunk driver who struck 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 motor vehicle accident and traffic charges for the Aug. 29 crash.
The 31-year-old Columbus Blue Jackets star forward and his 29-year-old brother were riding bikes the night before their sister’s wedding when they were struck by Higgins.
His blood alcohol level has now been found to be .087, above Ohio’s limit of .08, according to prosecutors.
An emotional Higgins remained silent throughout the hearing, saying only that he understood his rights.
The brothers were due to be best men at their sister Katie’s wedding the day after her death.
Higgins, of Woodstown, New Jersey, is being held in jail after Judge Michael Silvanio said he had “significant concerns” that he could be a flight risk, The Columbus Dispatch reports.
“His operation was so affected that he didn’t even see these two young men,” Silvanio said. “Because of his impatience. In his own statement, he said he has problems with impatience on the road.”
Prosecutor Jonathan Flynn said Higins was driving at “high speed” behind two vehicles.
The drivers of the vehicles said they were traveling 55 mph in the 55 mph zone.
A motorist in an SUV told investigators he moved to the left to avoid the brothers, but at that point Higgins’ Jeep Grand Cherokee accelerated to the right to pass them, resulting in the crash.
He told state troopers he had drunk five to six beers before the collision.
Other motorists described him speeding up and slowing down as he tried to pass vehicles.
Higgins’ wife said her husband had started drinking while working from home.
Following his arrest, he reportedly admitted to a family member and a friend his responsibility for the recorded jailhouse phone calls.
Sean M. Higgins, top, the alleged drunk driver, appears before Judge Michael Silvanio
Sean Higgins of New Jersey faces up to 20 years in prison if convicted on all charges.
A graphic shows the crash that killed Johnny and Matthew Gaudreau Thursday night.
In court on Friday, Higgins did not speak except to confirm that he understood his rights.
His lawyer, Matthew Portella, said Higgins’ blood alcohol level was “right at the legal limit.”
He said he failed field sobriety tests because of a limp caused by recent knee surgery.
“He told the police everything that happened,” Portella said. “He just took the lives of two people and upset families. … We understand that he was suicidal. He is no longer suicidal.”
The brothers were due to attend their sister Katie’s wedding the day after her death.
The crash happened less than three miles from the Gaudreau family home, hours before Katie was due to marry her partner Devin Joyce.
Flynn said in court that Higgins has a history of reckless driving and road rage.
Mourners leave the funeral of Columbus Blue Jackets forward Johnny Gaudreau and his brother, Matthew Gaudreau
Johnny’s wife Meredith revealed she is pregnant with the couple’s third child during his funeral
Johnny is survived by his wife Meredith, whom he married in September 2021, and two young children: one-year-old daughter Noa and baby Johnny, born just six months ago.
Meredith has since revealed during the brothers’ funeral that she is pregnant with Johnny’s third child.
Meanwhile, Matthew 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.