NJ driver’s many excuses for drinking before killing NHL star, brother

The driver charged with killing professional hockey player Johnny Gaudreau and his brother Matthew will remain behind bars pending his trial, a Superior Court judge ruled Friday.

During a detention hearing Friday morning, Salem County First Assistant Prosecutor Jonathan Flynn revealed new details in the case, including that Higgins blew an .087 the night of the crash. Flynn said that several factors contributed to his drinking the night of the crash

Higgins was unhappy that he was required to work from home which led him to begin drinking, according to Flynn. He had also had knee surgery a week before the crash and was suffering discomfort. He could also not properly perform the field sobriety test for police because of the pain, officials said.

The day of the crash, Higgins discussed an "upsetting matter" with his mother and began to drink as he left his home. He had a two-hour conversation with a friend and became impatient and angry with other drivers, prosecutors said.

It was Higgins' "impatience, anger and recklessness" that led to the fatal crash with the Gaudreau as they bicycled along the narrow shoulder, according to Flynn. State Police said Higgins tried to pass a slower vehicle on the right and struck the pair.

“'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,'” his wife told Higgins when he called her from jail after his arrest, according to First Assistant Prosecutor Jonathan Flynn, of Salem County.

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Low flight risk, defense attorney argues

Matthew Portella made the argument that Sean Higgins had no prior record and was remorseful. Higgins appeared via video from Salem County court in a hearing held at the Gloucester County Justice Complex.

“He’s an empathetic individual and he’s a loving father of two daughters,” Portella said. “He’s a good person and he made a horrible decision that night.”

Higgins called the same friend he was speaking to before the crash from after being in jail and told him he "f**ked up" and was upset at what happened. Higgins was on suicide when he was first placed in custody but was later taken off suicide watch. Portella said that Higgins was no longer wearing a special suit during his subsequent court appearances.

Portella argued that Higgins is a low flight risk because of his strong ties to the community with approximately 20 family members, including two daughters ages 8 and 10, who will make sure he does not flee.

It was Higgins' aggressive driving that led Judge Michael Silvanio to keep him behind bars.

"There simply is no condition that the court can place on Mr. Higgins that is going to control not only the aggressive driving, but unfortunately the drinking during the driving, getting on the road and having this happen again," Flynn said.

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