The driver charged in the fatal crash that killed NHL player Johnny Gaudreau and his brother Matthew had a blood-alcohol level of .087, surpassing New Jersey’s legal limit of .08, a prosecutor reported on Friday.
Johnny Gaudreau, 31, and his brother Matthew, 29, were struck and killed while cycling on a rural road near their childhood home in South Jersey on August 29. The incident occurred the night before they were scheduled to be groomsmen at their sister Katie’s wedding.
Sean M. Higgins, 43, of Woodstown, New Jersey, is facing two counts of death by auto, along with charges of reckless driving, possession of an open container, and consuming alcohol in a motor vehicle. During a virtual court hearing on Friday, the judge ordered that Higgins be held for trial following descriptions of his alleged history of road rage and aggressive driving.
At the hearing, First Assistant Prosecutor Jonathan Flynn relayed a phone call Higgins made to his wife from jail. She reportedly told Higgins, “‘You were probably driving like a nut like I always tell you you do. And you don’t listen to me, instead you just yell at me.’”
Defense attorney Matthew Portella portrayed Higgins as a devoted father and law-abiding citizen, despite the circumstances of the crash. “He’s an empathetic individual and he’s a loving father of two daughters,” Portella said. “He’s a good person and he made a horrible decision that night.”
According to the criminal complaint, Higgins admitted to consuming alcohol while driving and had five or six beers earlier in the day. He failed a field sobriety test and had been drinking at home after a work call and an upsetting conversation with his mother. Higgins then had a two-hour phone conversation with a friend while driving with an open container. He was reportedly tailgating behind a sedan and driving aggressively before the collision.
Higgins’s aggressive driving reportedly continued when he sped up and veered right as two other drivers attempted to pass the cyclists, leading to the collision. “He indicated he didn’t even see them,” said Superior Court Judge Michael J. Silvanio, noting that Higgins’s impatience resulted in the deaths.
Higgins faces a maximum sentence of 20 years, and the judge deemed him a flight risk. His lawyers highlighted his academic background, finance career, and military service in Iraq, but noted his recent history of regular drinking since working from home.
Johnny Gaudreau, known as “Johnny Hockey,” had completed ten seasons in the NHL and was preparing for his third season with the Columbus Blue Jackets following a seven-year, $68 million contract signed in 2022. He spent his first eight seasons with the Calgary Flames, establishing himself as a leading player and fan favorite.
Widows Meredith and Madeline Gaudreau, who both are expecting, delivered emotional eulogies at a double funeral on Monday. “I urge everyone to never drink and drive,” Madeline Gaudreau said. “Call a ride. Please do not put another family through this torture. The loss of Matty and John will leave a hole in the family, with his close friends, the community for eternity.”
In seeking bail, defense attorneys suggested a driving restriction with a locking device to prevent Higgins from drinking and driving and pointed out that his blood-alcohol level was only slightly over the legal limit. They also mentioned that Higgins’s recent knee surgery might have affected the field test results. However, Flynn countered that a locking device would not address what he described as Higgins’s “angry and aggressive driving,” which was worsened by alcohol that day.