The Iraq war veteran accused of killing Columbus Blue Jackets’ star Johnny Gaudreau and his younger brother in a drunk driving accident last month broke down in tears when he was denied bail Friday morning – as prosecutors revealed his history of road rage and drinking issues.
Sean Higgins, 43, became visibly upset when Judge Michael Silvanio ordered him to remain in jail until his trial.
Higgins, who appeared at the hearing virtually in jail-issued green clothing, was seen wiping away tears at multiple points in the proceedings, including when his attorneys defended him before the court.
The former US Army major had a blood-alcohol level of .087% – just .007 over the legal limit of .08% – when he allegedly crashed his Jeep into Johnny Gaudreau, 31, and his brother Matthew, 29, on the night of Aug. 29, attorneys said.
Higgins admitted to police at the scene that he had “five or six beers” before the incident, and said that his drinking made him more impatient.
Higgins’ wife later said that her husband – who worked in finance for a rehab company – had been drinking more heavily since working from home.
“We also learned from Mrs. Higgins that Mr. Higgins had, unfortunately for everyone involved in this, a habit of driving with road rage and impatience,” Assistant Salem County Prosecutor Jonathan Flynn said, according to NJ.com.
Higgins worked from home on the day of the crash, and started drinking after clocking off, Flynn claimed.
He drove away from the home in distress following a phone call with his mother, the prosecutors said.
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During the drive, Higgins then had a two-hour phone conversation with a friend, during which he admitted to drinking while driving.
Witnesses later described how Higgins aggressively tried to pass an SUV and another car while traveling northbound on Route 551 in the moments before the accident, according to State Police.
He entered the southbound lane to pass the first car, but returned to the northbound lane when the SUV in front of him moved to the center of the road, police said.
Higgins is believed to have struck the Gaudreau brothers from behind when he tried to illegally pass the SUV after it had moved over to make room for the bicyclists.
Given his behavioral history and the high-profile nature of the case, Higgins posed a risk to others and himself if he was released ahead of the trial, the prosecution argued.
The dad of two allegedly made comments after the crash indicating that he intended to take his own life, the prosecutors said.
Higgins’ attorney, Matthew Portella, pointed out that his client had no prior criminal record – and said his comments after the accident were a natural emotional response to the tragedy.
”As we know from the scene, he did say that his life was over,” Portella admitted.
“I think that the court can understand that any person driving a car under the influence, reckless, careless, not paying attention, who strikes two people and as a result of that they die is going to be freaking out.
“He’s going to be considering suicide.”
Higgins served in the US Army from 2004 to 2008, Portella told the court.
He spent 15 months in Iraq, where he saw combat and ultimately earned a Bronze Star.
”When he did come home from Iraq, judge, he struggled with the horrors of what he saw,” Portella said.
“He’s a good man.”
Portella produced 11 character references that all described his client as a well-respected member of his South Jersey community.
”The individuals also say that the actions on that night, on Aug. 29, are not reflective of who Mr. Higgins is,” the defense attorney insisted.
Although a public safety assessment approved Higgins for pretrial release, Judge Silvanio was convinced by the prosecution’s arguments.
In his ruling, the judge said he had concerns about Higgins’ history of reckless driving and his potential for self harm.
“The court has significant concerns in this case, due to it looks like Mr. Higgins engaging in what I’ll call almost road rage-like behavior,” the judge said.
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Higgins will be able to appeal the ruling, but he is still required to appear at his pre-indictment conference on Oct. 15.
If convicted on both counts, Higgins faces up to 20 years in prison.
Johnny and Matthew Gaudreau were killed the night before they were set to serve as groomsmen in the wedding of their younger sister, Katie.
The celebration was canceled in light of the tragedy.
Matthew Gaudreau – who played hockey alongside his famous brother at Boston College – was set to become a first-time dad with his wife, Madeline, in December.
At the brothers’ funeral, Johnny’s wife Meredith revealed that she was also nine weeks pregnant with their third child.
The couple – who were married in September 2021 – were already parents to Noa, almost 2, and Johnny, who was born in February.
This is a developing story, check back for updates
