Sean Higgins ordered to stay in jail before trial in crash that killed Johnny and Matthew Gaudreau
Sean Higgins, the man accused of fatally striking NHL star Johnny Gaudreau and his brother Matthew while they rode bicycles in South Jersey, will be held in jail ahead of further court proceedings, a judge ruled Friday.
Higgins, 43, of Woodstown, New Jersey, was ordered to remain in the Salem County Correctional Facility before a potential trial. Attorneys met in a New Jersey virtual courtroom Friday for a detention hearing, where judges consider whether defendants need to remain incarcerated prior to future court appearances.
Commonly considered in these proceedings are the seriousness of the charges and whether the defendant may fail to appear at the next court appearance.
Salem County First Assistant Prosecutor Jonathan Flynn revealed more about what Higgins was doing the day of the crash, and argued he should not be released as the case was a matter of "impatience, anger and recklessness."
"According to Mr. Higgins' wife, who was interviewed by the state police, this is a time where Mr. Higgins is working from home and it has had an adverse effect on him, specifically, he has taken to drinking regularly," Flynn said.
He said Higgins' wife also said in the interview that Higgins had a habit of driving with "road rage and impatience."
Summarizing supplemental reports in the case, Flynn said Higgins finished work at about 3 p.m. on the day of the crash and began drinking alcohol and had an upsetting conversation about a family matter and later had a long phone call with a friend.
"As he's driving around, he's having that conversation with a friend, and he also admits...to state police that he's drinking in the vehicle," Flynn said.
Flynn also said lab reports showed Higgins had a blood alcohol content of .087 at the time of the crash.
"Danger to the community...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.
Judge Michael Silvanio was convinced Higgins should remain in jail due to the concerns about his driving and whether Higgins, who had been on suicide watch in jail, would harm himself if released. He is no longer on suicide watch, the judge noted.
Defense attorney Matthew Portella spoke in favor of Higgins' release before trial. He said Higgins had recently had knee surgery, which hindered his ability to properly perform a field sobriety test.
Portella said Higgins showed troopers the stitches in his knee and added the injury should be considered when mentioning the field sobriety test as evidence.
"Here's what we know, judge, about Mr. Higgins, so that it's clear because this is a highly publicized case, it's an emotionally charged case. And one in which everybody has lost and is losing," Portella said.
The attorney described Higgins as a father of two who reached the rank of Major in the New Jersey National Guard, has no prior criminal history, has rarely left the area except for military service and has his immediate family and extended family in the area, Portella said.
Relatives would "make sure he comes to court and that he sees this case through to the end," Portella added. "He's not a flight risk."
Higgins' next court date is set for Oct. 15 in Salem County. If convicted, Higgins could spend up to 20 years in prison.
