The man accused of killing Columbus Blue Jackets star Johnny Gaudreau and his brother, Matthew, in a drunken driving crash will remain in jail while the case plays out in court, a New Jersey judge ruled Friday morning.
Sean M. Higgins, 43, has been held in custody since his arrest Aug. 29 in Oldmans Township, N.J. He is charged with two counts of vehicular homicide — both are second-degree offenses for which he faces up to a maximum of 10 years on each count.
Superior Court Judge Michael J. Silvanio heard from Higgins’ attorneys and the prosecutor on the merits of whether Higgins should continue to be held at Salem County Correctional Facility during a trial. New Jersey no longer operates under a cash bail system, meaning a defendant is no longer released or detained based on their ability to post bail. The system now uses a risk assessment system that considers factors including the defendant’s criminal history, public safety and whether or not the defendant will appear in court.
The pre-trial recommendation was for Higgins to be released, as he was considered low risk under the assessment. But Judge Silvanio said the court had “significant concerns” about Higgins’ “road rage-like behavior” in the crash.
Police said last month that the Gaudreau brothers were riding bicycles on County Route 551 when they were hit by Higgins, who was driving a Jeep Grand Cherokee and attempting to pass an SUV on the two-lane road.
The SUV had moved to the center of the road to pass the brothers on their bicycles, who were on the SUV’s right side. Higgins then attempted to pass the SUV on the right and struck the Gaudreau brothers from the rear. The crash occurred around 8:30 p.m. ET, about an hour after sunset.
Both brothers were pronounced dead on the scene, according to a probable cause affidavit filed by New Jersey State Police. Johnny was 31 and Matthew was 29.
GO DEEPER
Remembering Johnny Gaudreau and Matthew Gaudreau: ‘Those two guys … elevated everything’
According to the affidavit, Higgins told the police he had consumed about five to six beers before and while operating his vehicle. Higgins also told the police he thought the driver of the SUV moved toward the center of the road to prevent Higgins from passing, and he said his consumption of alcohol contributed to his impatience and reckless driving, according to the affidavit.
Higgins has seven days to appeal the decision. He will next appear in court on Oct. 15 for a pre-indictment conference.
Required reading
(Photo of Johnny Gaudreau: David Kirouac / Imagn Images)
