Man charged in Gaudreau brothers’ deaths had blood-alcohol level over legal limit

Sean M. Higgins had a blood alchol level of .087, above the .08 legal limit in New Jersey, a prosecutor said.

Sean M. Higgins, the driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew while they biked on a rural road, had a blood-alcohol level of .087, above the .08 legal limit in New Jersey, a prosecutor said Friday.

The brothers had gone for a bicycle ride in Carneys Point, N.J., on Aug. 29, the eve of their sister Katie’s wedding, where they were both to serve as groomsmen.

However, they never made it back to their childhood home after they were struck from behind.

Higgins, 43, of nearby Woodstown, N.J., 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.

The information about his blood alcohol level at the time of the incident came during a hearing Friday, where Judge Michael Silvanio said he had “significant concerns” about Higgins being released from custody while his case was pending and ordered him to continue to be held in jail.

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 he also had an upsetting conversation with his mother about a family matter.

He then had a two-hour phone call with a friend while he drove around in his Jeep with an open container, Flynn said. He had been driving aggressively behind a sedan going just above the 50 mph speed limit, sometimes tailgating, the female driver told police.

At Friday’s hearing, prosecutors claimed Higgins had a history of aggressive driving and road rage, and pointed to a conversation between the driver and his wife, made shortly after he was booked into jail.