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Sean Higgins, the New Jersey man who is accused of killing NHL player Johnny Gaudreau and his brother after hitting them with his car while they were cycling, had a blood alcohol level of 0.087 and was drinking in the car when he struck the two men on Aug. 29, prosecutors alleged Friday during a detention hearing in Salem County Superior Court. Prosecutors also described Higgins as someone with a “habit of driving with road rage and impatience” in asking that he not be released from jail as the case proceeds.

Prosecutors have charged Higgins with two counts of second-degree death by auto and he faces a maximum sentence of 20 years in prison, with 85 percent of his prison term not eligible for parole. Higgins’s BAC was slightly above the New Jersey limit of 0.08.

In making his case for containment, New Jersey state prosecutor Jonathan Flynn described the events leading up to the deaths of Gaudreau and his brother along with the crash itself. He said Higgins told police that, after he finished up his day’s work from home, he began to drink beer while having a telephone call with his mother about a family matter that upset him and continued to drink in his sport-utility vehicle while driving around.

Flynn said Higgins was driving north on Pennsville-Auburn Road in Oldmans Township, N.J., when he encountered two drivers ahead of him who were slowing to pass Gaudreau and his brother, Matthew, who were riding on the shoulder. The two other drivers told police that Higgins approached them at a high speed and was tailgating them before passing the first car on the left. Then, thinking the lead driver was trying to block his progress by slowing down, Higgins attempted to pass that car on the passenger side, striking Gaudreau and his brother, who were pronounced dead on the scene. Higgins told police he didn’t see the Gaudreau brothers riding on the right shoulder.

Flynn also relayed a telephone conversation Higgins had with his wife from prison after his arrest in which she said: “I told you before not to do that stuff. You were probably driving like a nut like I told you not to do.” The prosecutor added that Higgins was suicidal after the incident and had a “clear intent to self-harm over the regret of what happened.”

Matthew Portella, one of Higgins’s attorneys, painted the picture of a decorated U.S. Army veteran who had fought in Iraq and whose traumatic experiences there had affected his mental condition. Portella said Higgins had no prior criminal convictions and was not a flight risk because he had no family or friends outside the immediate area, and a public safety assessment conducted by the court deemed Higgins to be the lowest possible risk of both flight and reoffending. According to Portella, Higgins had knee surgery the week before the incident and was still limping, which caused him to fail field-sobriety tests performed by police officers on the scene.

Portella also said Higgins — who did not speak during the virtual hearing but was observed breaking down in sobs at various points — would submit to restrictions on his driving and to mental health evaluations in the event of his release.

Salem County Judge Michael J. Silvanio agreed with prosecutors, ordering Higgins to be held in jail until his next hearing on Oct. 15.

George Washington University, BA in history and journalism

Matt Bonesteel spent the first 17 years of his Washington Post career writing and editing. In 2014, Bonesteel pivoted from the newspaper to online and now he blogs for the Early Lead and other Web-based products owned by The Post.

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