Sean Higgins Was Legally Drunk When He Struck NHL’s Johnny Gaudreau

David Kirouac/Reuters
David Kirouac/Reuters

Sean Higgins, the man accused of striking and killing NHL player Johnny Gaudreau and his brother Matthew as they cycled on Aug. 29, had a blood alcohol level of .087 at the time of the incident—over the .08 legal limit for intoxication in New Jersey.

At a bail hearing on Friday, prosecutors also alleged that Higgins, who faces two counts of second-degree death by auto, has a history of aggressive driving and road rage. They pointed to a phone conversation between Higgins and his wife after his arrest.

“‘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,’” she told him, according to Salem County prosecutor Jonathan Flynn.

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Higgins’ defense team aimed to portray him as a sensitive family man.

“He’s an empathetic individual and he’s a loving father of two daughters,” said Matthew Portella, one of his lawyers. “He’s a good person and he made a horrible decision that night.”

Higgins has admitted to having five or six beers that day, beginning during a difficult phone call with his mother. He also failed a field sobriety test, although the defense team maintains that his mobility was limited by a recent knee injury.

His lawyers suggested that he be released on the condition that he drive only with a locking device on his car intended to prevent drunk driving. They argued that he had no friends or family outside the nearby area and was unlikely to flee.

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Nevertheless, Salem County Judge Michael J. Silvanio, finding the 20-year maximum sentence a significant flight risk, sided with prosecutors and ordered Higgins to remain in jail until his next hearing.

Although Higgins did not speak during the hearing, he occasionally broke into tears.

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