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Sean Higgins, 43, was facing several charges including two counts of assault by auto, according to court records. He was accused of striking the NHL star and his brother while they were riding bicycles in Oldmans Township on Thursday, Aug. 29.
Investigators said the Gaudreaus were on bikes close to the fog line on the north side of County Route 551. Higgins tried to pass a car and SUV while also traveling north in a black Jeep Grand Cherokee.
Higgins passed the car and tried to get back into the northbound lane when the SUV moved into the middle of the road to pass the Gaudreaus on their bikes. Troopers say Higgins tried to pass the SUV on its right side when his Jeep hit the brothers from behind.
Higgins told police that he had about five or six beers before driving, according to an affidavit obtained by NJ Advance Media. He failed a field sobriety test and was arrested.
Witnesses in the car and SUV said Higgins appeared to be speeding when his Jeep approached them.
"Higgins admitted to consuming alcoholic beverages prior to and while operating his vehicle," the affidavit said. "Higgins explicitly stated to the effect that his consumption of alcoholic beverages contributed to his impatience and reckless driving, which resulted in the motor vehicle accident."
The Gaudreaus were pronounced dead at the scene.
Johnny, 31, played 11 NHL seasons, most recently for the Columbus Blue Jackets at left wing. Matthew, 29, was a boys hockey head coach at the brothers' alma mater of Gloucester Catholic High School.
The brothers were expected to be groomsmen in their sister's wedding, which had been scheduled for Friday. Aug. 30.
Matthew's wife Madeline is pregnant with the couple's first child. A GoFundMe page for her had raised more than $550,500 from at least 7,700 donations.
Higgins is a field artillery officer in the New Jersey Army National Guard, Joint Force Headquarters, according to a state Department of Military and Veterans Affairs spokesperson. He also was an employee for the substance abuse center Gaudenzia, which said he has been placed on administrative leave.
Higgins was held in the Salem County Correctional Facility.
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