Driver in crash that killed Johnny, Matthew Gaudreau had blood alcohol level of 0.087
New details were provided Friday about the Aug. 29 crash that resulted in the deaths of Columbus Blue Jackets star forward Johnny Gaudreau and his brother Matthew Gaudreau.
The information came during a hearing for 43-year-old New Jersey native, Sean M. Higgins, who is being held in jail after being charged with two counts of death by auto, as well as traffic charges.
Judge Michael Silvanio said Friday 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. New Jersey does not use a cash bail system like what is used in Ohio.
Johnny Gaudreau, 31, and his 29-year-old brother, Matthew, had been bicycling home on the eve of their sister's wedding, where both brothers were to be groomsmen. Both brothers died at the crash site from their injuries.
What did we learn about the crash that killed Johnny Gaudreau?
New evidence in the case against Higgins was provided to Silvanio on Friday, including that Higgins' blood alcohol level, which was obtained through a blood draw, was 0.087, over the legal limit of 0.08.
Prosecutor Jonathan Flynn said Higgins had been driving at a "high rate of speed" behind two vehicles. The drivers of those two vehicles both told investigators they were driving about 55 mph, above the posted speed limit of 50 mph on the road where the crash occurred.
Flynn said the driver of the SUV that had moved to the left to avoid the Gaudreau brothers told investigators Higgins had accelerated past them on the right.
Higgins told state troopers he "didn't even see the bikes," Flynn said, before admitting to being the driver who struck the brothers.
Higgins' wife also told investigators he had been working from home and "taken to drinking regularly." Flynn said on the day of the crash, Higgins had gotten done with work around 3 p.m. and began to drink at his home. Higgins got mad after a phone call with a relative, at which point he left his house and had a two-hour phone conversation with a friend while driving around in his Jeep Grand Cherokee.
Flynn said Higgins admitted to drinking while driving the Jeep.
The fatal crash occurred around 8:20 p.m.
Higgins told police he had consumed "five to six" beers both before and while he was driving his Jeep Grand Cherokee. New Jersey State Police said Higgins passed a vehicle on the left and when he attempted to get back into his lane of travel, he then passed a vehicle on the right. That vehicle had moved to the left to make room for the Gaudreau brothers, who were cycling on the right shoulder.
Flynn said one of the drivers who was ahead of Higgins prior to the crash occurring described Higgins as approaching their vehicle at a high rate of speed, then slowing down, accelerating again and tailgating on the bumper before deciding to pass the vehicles.
"He is simply angry at the speed of the two vehicles in front of him," Flynn said.
After Higgins was arrested, he reportedly made admissions to a relative and a friend on recorded calls from the jail where he is being held. Flynn also said Higgins had made statements about causing himself harm "over regret over what has happened" which worried prosecutors as well.
Flynn also said Friday that there was no indication the Gaudreau brothers had been "swerving or doing anything to bring this about."
What did Sean Higgins say during Friday's hearing?
Higgins himself did not speak during Friday's hearing, aside from answering questions about understanding his rights. He appeared emotional and coughed several times.
Matthew Portella, one of the attorneys representing Higgins, said his client's blood alcohol level was "right at the legal limit" and that field sobriety tests could not be used because Higgins had knee surgery a week before the crash, causing a noticeable limp.
"He told the troopers everything that happened," Portella said. "He just took the lives of two people and upended families ... The fact that he was suicidal, we understand that. He's no longer suicidal."
Portella said Higgins had been "panicking" and "freaking out" at the scene when he realized what had happened in the crash.
"Everybody has lost and is losing," Portella said.
Portella also said Higgins had grown up in New Jersey and has a large extended family and friend network in the area, including his wife and two children.
Higgins served as a second lieutenant in the U.S. Army for four years, including a 15-month tour of duty in Iraq, Portella said, which earned him the Bronze Star medal. Higgins is also a major in the New Jersey National Guard.
Prior to the crash, Higgins had worked as the director of financial services for an addiction treatment facility.
Higgins does not have any previous criminal convictions; however, he had been arrested in 2005 on suspicion of driving under the influence in North Carolina. That charge appears to have been dismissed because of the responding officer not appearing for the court date, according to court records.
What did Judge Michael Silvanio say?
Silvanio said he had "significant concerns" about Higgins being released, based on Higgins' own alleged admissions to New Jersey law enforcement about having impatience while driving and saying he did not see the Gaudreaus before striking them.
Silvanio said Higgins' driving was "road rage like behavior" with the acceleration and tailgating alleged by prosecutors.
"His operation was so impaired he didn't even see these two young men," Silvanio said. "Due to his impatience. In his statement himself, he said he has issues with impatience on the roadway."
Higgins' next court date will be a pre-indictment conference on Oct. 15.
Higgins last appeared in court on Sept. 6, at which time Silvanio continued a pretrial detention hearing until Friday.
The Gaudreau brothers were laid to rest in an emotional double funeral Monday in Pennsylvania.
Matthew Gaudreau is survived by his wife, Madeline, who is pregnant with the couple's first child, a son they intend to name Tripp. He had played collegiate hockey at Boston College and professionally in the minor leagues before becoming the coach at Gloucester Catholic High School.
Johnny Gaudreau, who had played for the Columbus Blue Jackets for two seasons after playing for eight in Calgary, is survived by his wife, Meredith, daughter, Noa, and son, Johnny. During her eulogy Monday, Meredith announced she is pregnant with the couple's third child, a "total surprise" she said her husband had been ecstatic about.
The brothers are also survived by their parents, Guy and Jane Gaudreau, and their sisters, Katie and Kristen, along with an extended family of in-laws and nieces, as well as their teammates and friends.
Following their deaths, the hockey community has rallied around the Gaudreau family and the teammates Johnny Gaudreau left behind. An online fundraiser for Madeline and Tripp has raised more than $750,000.
Vigils for the brothers were held in Columbus and Calgary on Sept. 4.
The Gaudreau family has said donations in the brothers' honor can be sent to the John and Matthew Gaudreau Foundation, c/o Lewis Gross, Sports Professional Management, 560 Sylvan Ave., Suite 3070, Englewood Cliffs, New Jersey 07632.
This article originally appeared on The Columbus Dispatch: Sean Higgins, driver in Johnny Gaudreau crash, to be held in New Jersey jail
