Judge rules that Sean Higgins, accused in Johnny Gaudreau's death, will remain in custody until trial

A New Jersey judge ruled Friday that the driver accused of killing Columbus Blue Jackets hockey star Johnny Gaudreau and his brother Matthew will remain in prison until his trial.

Superior Court Judge Michael J. Silvanio said the seriousness of Sean Higgins' alleged crime – he fatally struck the Gaudreau brothers while riding bicycles in Salem County on Aug. 29 while driving under the influence of alcohol – gave the court serious concerns about his early release.

“I also have to weigh public health, safety and welfare,” Silvanio said.

The judge accused Higgins of having a tendency towards “overly aggressive” driving and “aggressive behaviour on the road” and expressed fears that he might attempt suicide if released.

Appearing virtually from the Salem County Correctional Facility, Higgins, 43, became emotional during the hour-long detention hearing, wiping away tears as his attorneys presented his case in court.

He is accused of two counts of manslaughter in a car accident and other crimes. His case attracted international attention. He faces up to 20 years in prison.

Higgins' attorneys, Matthew Portella and Richard Klineburger, argued that their client was not a flight or suicide risk, citing his strong ties to New Jersey and his impeccable record as a highly decorated military officer prior to the incident.

” READ MORE: The driver charged in Johnny Gaudreau's death is a Drexel University graduate who works for a drug rehabilitation company in Pennsylvania

Higgins had been placed on suicide watch in prison, but that precaution has since been lifted, Portella said. Attorneys offered to install a breathalyzer device in Higgins' vehicle that would prevent him from driving under the influence as a condition of his release before trial.

They found that Higgins had been cooperative since the crash. He remained at the scene and told a New Jersey state trooper that he had consumed up to six beers that evening, according to charging documents. He failed a breathalyzer test, authorities said, and admitted that alcohol fueled his “impatience” behind the wheel that evening.

First Assistant District Attorney Jonathan Flynn of the Salem County District Attorney's Office said pretrial release would pose a serious risk that the state cannot control.

“There are simply no conditions that the court can impose on Mr Higgins to control his aggressive driving, but unfortunately [also] “Drinking while driving, hitting the road and having it happen again,” Flynn said, describing the accident as a result of “impatience, anger and recklessness.”

He said the state's evidence was compelling: Higgins' blood alcohol level that night was 0.087, well over the legal limit. According to Higgins' wife of 12 years, he had previously suffered from road rage. He had allegedly threatened to harm himself since the high-profile accident.

“This is not a case about criminality or what happened,” Flynn said. “The criminality and what happened are very well documented.”

Higgins, of Woodstown, appeared at his first detention hearing last week, where his lawyers asked for an extension to present more evidence. His family has received death threats and has largely refrained from making public statements.

Johnny Gaudreau, 31, and his brother Matthew, 29, were biking on Aug. 29 when authorities say Higgins fatally struck them from behind with his Jeep Grand Cherokee as he tried to pass two other cars. The two men were going to their sister's wedding the next day.

Two other vehicles were traveling at 55 mph in a 50 mph zone, attempting to safely pass the cyclists. At this point, Higgins accelerated from behind “at a high rate of speed” and attempted to speed past the other two vehicles in traffic, Flynn said.

” READ MORE: Family and NHL community prepare a moving farewell for the Gaudreau brothers: “To know them both was to truly love them”

Thousands of hockey fans have attended vigils in recent weeks to mourn the late NHL superstar. They erected memorials from his hometown of New Jersey to Ottawa, where “Johnny Hockey” began his career with the Calgary Flames.

Last week, mourners in Columbus held a 13-minute, 21-second moment of silence for the brothers who grew up on the ice together – 13 is Johnny's number with the Blue Jackets, 21 was Matthew's number when he played at Boston College, where he played alongside his brother for one season, among other things.

Matthew Gaudreau retired from the minor leagues after the 2021-22 season. He and his wife Madeline were expecting their first child. The family is now raising money to cover funeral expenses and the newborn.

At a funeral Monday in Media attended by throngs of family and friends as well as high-ranking NHL officials, Johnny's widow Meredith announced that she is pregnant with her third child.

Madeline Gaudreau wiped tears from her eyes during the service and made an impassioned plea against driving under the influence of alcohol.

“I urge everyone not to drink and drive,” she said. “Find a ride. Please don't subject another family to this ordeal.”