Driver Charged in Death of Johnny, Matthew Gaudreau Had BAC over Legal Limit

A prosecutor announced that the driver charged with killing NHL star Johnny Gaudreau and his brother, Matthew, while they were bicycling in New Jersey had a blood-alcohol level of .087 percent, above the state's legal limit of .08 percent, per the Associated Press.

The 31-year-old Johnny and 29-year-old Matthew died after being struck by a vehicle in Carney's Point, New Jersey, on Aug. 29, the night before they were supposed to serve as groomsmen in the wedding of their sister Katie.

The driver was identified as 43-year-old Sean M. Higgins of Woodstown, New Jersey, and has been charged with two counts of death by auto, along with reckless driving, possession of an open container and consuming alcohol in a motor vehicle.

During Friday's virtual court hearing, Higgins' defense lawyers argued that he was a married father and law-abiding citizen before the crash, but a judge still ordered that he be held for trial. He is facing a sentence of 20 years in prison, which the judge said makes him a flight risk.

According to the criminal complaint, Higgins failed a field sobriety test, told police he had five or six beers that day and admitted to consuming alcohol while driving. Prosecutors said Higgins also had a history of road rage and aggressive driving, and it's alleged his frustration prompted him to speed up to pass two drivers on the right when he ended up striking the Gaudreau brothers.

"He indicated he didn't even see them," said Superior Court Judge Michael J. Silvanio, who added that Higgins' admitted "impatience" resulted in two deaths.

Johnny Gaudreau played 10 full seasons in the NHL and was set to enter his third year with the Columbus Blue Jackets. Matthew Gaudreau was also a professional hockey player in the ECHL.

Widows Meredith and Madeline Gaudreau are both expecting and delivered eulogies at a double funeral for the two brothers on Monday.