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Judge extends time to charge Sean Higgins, the driver accused of killing the Gaudreau brothers

Sean M. Higgins, the alleged drunk driver accused of killing Johnny Gaudreau and his brother, Matthew, While cycling in Salem County, New Jersey, Road made a brief appearance in court on Tuesday, where the judge gave prosecutors time to file charges.

The brief hearing, in which the judge gave prosecutors an additional 30 days to file formal charges in the Gaudreaus’ Aug. 29 deaths, marked the first time the Gaudreau family and 44-year-old defendant Higgins have faced off in the court. Previously, Higgins appeared at hearings via video from behind bars.

Authorities say Higgins, of Woodstown, New Jersey, was impaired after drinking five or six beers the day he crashed into the brothers’ bikes and has a history of road rage and aggressive driving.

Johnny Gaudreau, 31, and Matthew Gaudreau, 29, were murdered near their parental home in South Jersey on August 29 at the eve of their sister’s wedding. The family, including their father, Gus Gaudreau, declined to comment on the case Tuesday at the Salem County Courthouse.

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Higgins told police that on the day of his arrest, he had driven around for two hours while talking to a friend on the phone after having a disturbing conversation with his mother.

A driver driving in front of Higgins told police that Higgins had been driving aggressively. When she and the vehicle in front of her slowed and turned left to avoid the cyclists, Higgins accelerated and turned right, hitting the Gaudreaus, she said.

Higgins had a blood alcohol level of 0.087, which is above the state’s legal limit of 0.08, and he failed a sobriety test, police said. He faces preliminary charges of two counts of vehicular manslaughter, reckless driving, possession of an open container and consumption of alcohol in a vehicle.

Higgins faces up to 20 years in prison if convicted. The judge said that made him a flight risk and ordered him jailed until trial.

Defense attorney Matthew Portella has called Higgins “a loving father of two daughters” and a good person who “made a terrible decision that night.” Portella declined to comment after Tuesday’s hearing.

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Johnny Gaudreau, known as ‘Johnny Hockey’, played 10 full seasons in the NHL and was about to start his season third with the Columbus Blue Jackets. He played his first eight seasons with the Calgary Flames.

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