Man charged in death of Gaudreau brothers had .087% BAC - ESPN

PHILADELPHIA — The driver charged with killing NHL hockey player Johnny Gaudreau and his brother, Matthew, as they bicycled on a rural road had a blood-alcohol level of .087%, above the .08% legal limit in New Jersey, a prosecutor said Friday.

Gaudreau, 31, and brother Matthew, 29, were killed in Carneys Point, New Jersey, on Aug. 29, the evening before they were set to serve as groomsmen at their sister Katie's wedding.

The driver, 43-year-old Sean M. Higgins of nearby Woodstown, New Jersey, is charged with two counts of death by auto, along with reckless driving, possession of an open container and consuming alcohol in a motor vehicle. At a virtual court hearing Friday, a judge ordered that he be held for trial despite defense arguments that he was a married father and law-abiding citizen before the crash.

«He's an empathetic individual and he's a loving father of two daughters,» said defense lawyer Matthew Portella. «He's a good person and he made a horrible 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 sobriety test, the complaint said. A prosecutor on Friday said he had been drinking at home after finishing a work call at about 3 p.m., and having an upsetting conversation with a family member.

Higgins also had a history of road rage and reckless driving, according to First Assistant Prosecutor Jonathan Flynn of Salem County. He said that Higgins apparently became frustrated when the two drivers ahead of him slowed down to go around the cyclists, and sped up to try to pass them on the right, striking the Gaudreaus.

«He indicated he didn't even see them,» said Superior Court Judge