Driver Who Killed Johnny Gaudreau And His Brother Had BAC Over Legal Limit, Ordered To Be Held For Trial

The driver accused of drunkenly hitting and killing NHL star Johnny Gaudreau and his brother Matthew while they were riding bikes in New Jersey late last month was back in court on Friday, where it was confirmed that his blood alcohol concentration at the time of the incident.

According to the Associated Press. 43-year-old Sean M. Higgins made his third virtual court appearance on Friday. In it, it was revealed that at the time of the August 29 incident in Carneys Point, New Jersey, Higgins had a blood alcohol level of 0.87, which is above the legal limit of 0.8 in the state of New Jersey.

Higgins — who is facing two counts of death by auto, plus charges of reckless driving, possession of an open container, and consuming alcohol in a motor vehicle — told police after the incident that he had consumed five or six beers that day and had been drinking while driving. He also failed a field sobriety test.

The man accused of killing Columbus Blue Jackets star Johnny Gaudreau and his brother Matthew had a blood alcohol above the legal limit at the time of the incident according to hist latest court appearance. (Getty Images)

Despite an argument from his defense attorney that he was "an empathetic individual and he’s a loving father of two daughters," and "a good person and he made a horrible decision that night," the judge ruled that Higgins is to be held for trial, where he could face up to 20 years in prison.

This came after prosecutors pointed to a history of alleged reckless driving on Higgins part both in the hours leading up to the incident that killed the Gaudreaus and before.

Salem County First Assistant Prosecutor Jonathan Flynn even pointed to a phone call that Higgins made to his wife while in jail following his arrests.

"‘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,’" Higgins' wife told him, according to prosecutors.

The Gaudreaus' deaths rocked the sports world, and have led to countless tributes and memorials.

The brothers' funeral was held this week. There, Johnny Gaudreau's wife announced that she — like Matthew Gaudreau's wife — is currently pregnant, with their third child.