NHL: Florida Panthers at Columbus Blue Jackets - Source: Imagn — Johnny Gaudreau’s family face driver accused of killing NHL star and brother Matthew in court as judge extends window for indictment (image credit: IMAGN)

Johnny Gaudreau’s family face driver accused of killing NHL star and brother Matthew in court as judge extends window for indictment

Modified Nov 12, 2024 18:25 GMT

Johnny Gaudreau and his brother Matthew were struck and killed by a driver on Aug. 29. The driver charged with killing them as they were riding bikes on a New Jersey road near their family home appeared in court Tuesday. The judge officially extended the window for prosecutors to get an indictment.

This was the first time the family physically saw the accused driver, Sean Higgins. Previous hearings had a virtual attendance from Higgins, who was behind bars.

Local authorities say Higgins, who is from New Jersey, was under the influence after he had around six beers before driving. He is accused of hitting the Gaudreau brothers' bicycles, and he reportedly has a history of road rage and aggressive driving.

Accused killer of Johnny Gaudreau was driving aggressively per witness

Sean Higgins reportedly told police that he had been driving around for two hours on Aug. 29, and was talking to a friend about a difficult conversation he just had with his mother.

A driver who was in front of the accused said she felt that he was driving aggressively for a while. She and the other car ahead of her slowed down to go around Johnny Gaudreau and his brother on the left but Higgins sped up to go around on the right, hitting the brothers.

Johnny Gaudreau was killed in August (image credit: getty)

According to ESPN, Higgins had a blood-alcohol level of .087, which is above the state's legal limit of 0.08. The report also includes that he failed a field sobriety test. He is facing multiple charges: two counts of death by auto, reckless driving, possession of an open container and consuming alcohol in a vehicle.

If convicted, the driver would be subject to up to 20 years in jail. He was deemed a flight risk and ordered to stay behind bars until the official trial. Higgins' defense lawyer Matthew Portella said he was "a loving father of two daughters" and someone who just "made a horrible decision that night."

Johnny Gaudreau played 10 seasons in the NHL with the Calgary Flames and the Columbus Blue Jackets. He was set to enter his third season with Columbus this year.