The former soldier accused of drunkenly mowing down NHL star Johnny Gaudreau and his brother made a brief appearance in a New Jersey courtroom Tuesday, where the judge said no plea deal was currently on the table.
Sean Higgins, 43, wore dark green jail-issue scrubs at a pre-indictment conference in Salem County court Tuesday morning.
He has been in custody since the night of Aug. 29, when he allegedly fatally struck Columbus Blue Jackets player Johnny Gaudreau, 31, and his brother Matthew, 29, on a county road in Oldmans Township.
During the brief proceedings, Judge Michael Silvanio granted the state’s request for a 30-day extension to have the case reviewed by a grand jury for the potential indictment.
Silvanio also noted that there had been no discussion of a plea deal.
Members of the Gaudreau family were in court for the proceedings.
Higgins’ next court date was not scheduled, with plans for an arraignment pending the indictment.
Higgins – a decorated Army major who worked for a rehab facility– is facing two counts of aggravated vehicular homicide as well as multiple traffic violations.
Johnny and Matthew Gaudreau were in their hometown for their younger sister’s wedding when they were hit and killed while biking around sunset.
Higgins, of Pilesgrove, was allegedly speeding up in his Jeep to tailgate the car in front of him before he tried to pass the car on the left side, according to Salem County Assistant Prosecutor Jonathan Flynn and investigators at the scene.
The SUV in front of Higgins shifted to the left to give the Gaudreau brothers room, but Higgins supposedly interpreted the move as an attempt to block him.
He then accelerated around the SUV on the right side and hit both brothers.
The dad of two later told police that he did not see the bikers before the crash.
Higgins told cops at the scene that he had “five to six” beers before and while he was driving.
His blood alcohol level was later revealed to be 0.087% – just over the legal limit of 0.08%.
Johnny and Matthew Gaudreau’s death sparked an outpouring of grief from hockey community – including the NHL and at Boston College, where both brothers were stand-out players.
In addition to their parents and two sisters, the Gaudreaus are survived by their respective wives and children.
Johnny’s wife, Meredith, revealed at the brothers’ funeral that she was pregnant with the couple’s third child. They also share Noa, 2, and Johnny, 8 months.
Matthew is survived by his wife Madeline, and their unborn son, Tripp.
The late dad-to-be was honored at Madeline’s baby shower last month, which was themed “Heaven sent” and incorporated tributes to both Matthew and Johnny.
The emotional set up “brought instant tears,” Madeline wrote on Instagram.
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