09/13/24 11:28:00
Printable Page
09/13 11:26 CDT Driver charged with killing NHL's Johnny Gaudreau and his
brother had .087 blood-alcohol level
Driver charged with killing NHL's Johnny Gaudreau and his brother had .087
blood-alcohol level
By MARYCLAIRE DALE
Associated Press
PHILADELPHIA (AP) --- 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 near their childhood home in
South 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 after
prosecutors described a history of alleged road rage and aggressive driving.
"'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,'" his wife told Higgins when
he called her from jail after his arrest, according to First Assistant
Prosecutor Jonathan Flynn of Salem County.
The defense described Higgins as a married father and law-abiding citizen
before the 8:19 p.m. 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 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 driver told police.
When she and the vehicle ahead of her slowed down and veered left to go around
the cyclists, Higgins sped up and veered right, striking the Gaudreas, the two
other drivers told police.
"He indicated he didn't even see them," said Superior Court Judge Michael J.
Silvanio, who said Higgins' admitted "impatience" caused two deaths.
Higgins faces up to 20 years, a sentence that the judge said made him a flight
risk.
Higgins has a master's degree, works in finance for an addiction treatment
company, and served in combat in Iraq, his lawyers said. However, his wife said
he had been drinking regularly since working from home, Flynn said.
Johnny Gaudreau, known as "Johnny Hockey," played 10 full seasons in the league
and was set to enter his third with the Columbus Blue Jackets after signing a
seven-year, $68 million deal in 2022. He played his first eight seasons with
the Calgary Flames, a tenure that included becoming one of the sport's top
players and a fan favorite across North America.
Widows Meredith and Madeline Gaudreau described their husbands as attached at
the hip throughout their lives. Both women are expecting, and both gave moving
eulogies at a heart-wrenching 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."
Defense lawyers, in seeking bail, suggested that Higgins could be limited to
driving only with a locking device to prevent him from drinking and driving.
And they noted that he tested just over the legal limit, adding that a recent
knee surgery likely impacted the field test.
But Flynn argued that the locking device would not stop what he called "the
fundamental issue" of Higgins's "angry and aggressive driving," exacerbated
that day by alcohol.
|
