The man accused of killing and in a drunk driving incident became emotional during a court appearance shortly before being denied bond.
appeared virtually in a New Jersey courtroom on Friday, September 13, two weeks after he struck and killed the Gaudreau brothers while they were riding bikes in Oldmans Township, New Jersey.
During the hearing, Judge referenced Higgins’ “road rage-like behavior,” which led to the deaths of Johnny, a hockey star with the Columbus Blue Jackets, and his younger brother, Matthew. Higgins is accused of driving erratically and impatiently, eventually striking the brothers at a high rate of speed and killing them instantly.
New evidence was also presented to Silviano, indicating Higgins’ blood-alcohol level was .087, over the legal limit of .08.
Silviano said, “His operation was so impaired that he didn’t even see these two young men on their bikes riding safely on the roadway.”
Higgins, 43, noticeably wiped tears from his eyes when Silviano mentioned letters that had been written to the court about his “good reputation.”
While Higgins is no longer under active suicide watch, Silviano said he still has “concerns if he’s released from jail what he may or may not do.”
Citing those concerns and “public health, safety and welfare,” Silviano denied Higgins’ bond.
Higgins has seven days to appeal the ruling, and his next court date is scheduled for October 15.
He is facing a maximum sentence of 20 years in prison.
According to The Columbus Dispatch, Higgins’ wife told investigators her husband had “taken to drinking regularly” while working from home. Per prosecutor , Higgins got mad after a phone call with a relative, at which point he left his house to drive his Jeep Grand Cherokee while having a separate phone conversation with a friend.
Immediately after the incident, Higgins told New Jersey State Police he had consumed “five to six beers” before killing Johnny and Matthew. He also admitted to drinking while he was operating the vehicle.
Flynn said a driver who was ahead of Higgins on the road on the night of the crash described Higgins as tailgating them aggressively before deciding to pass them and ultimately hitting the Gaudreaus.
Higgins “didn’t even see the bikes,” according to Flynn.
A memorial service for Johnny and Matthew was held at St. Mary Magdalen Catholic Church outside Philadelphia on Monday, September 9, which included emotional speeches from Johnny’s wife, , and Matthew’s wife, .
Johnny was 31 years old, while Matthew was 29.
