Driver charged in deaths of NHL star Johnny Gaudreau and brother indicted by grand jury
Sean Higgins, 44, is scheduled to be arraigned next year in connection with the crash in Oldmans Twp., New Jersey.
OLDMANS TWP., N.J. (WPVI) -- The driver accused of killing NHL hockey player Johnny Gaudreau and his brother, Matthew, earlier this year was indicted by a grand jury on Wednesday.
Sean Higgins, 44, was indicted on two counts of second-degree reckless vehicular homicide, two counts of first-degree aggravated manslaughter, fourth-degree tampering with physical evidence and second-degree leaving the scene of a fatal accident.
(The video in the player above is from previous coverage.)
He remains behind bars in connection with the August 29 crash on Pennsville Auburn Road (County Route 551) near Stumpy Lane in Oldmans Township, New Jersey.
"At this time, co-counsel and I are not at liberty to discuss the details of the incident as we are still waiting on additional material evidence. It would be unfair to both Mr.Higginsas well as the general public to make a statement until a full evaluation and review has been completed," said defense attorney Matthew Portella in a statement to Action News earlier this week.
Authorities say Higgins, who is from Woodstown, in Salem County, was impaired after he drank beers on the night he drove into the brothers' bicycles, and that he has a history of road rage and aggressive driving.
WATCH: New Jersey State Police release arrest video of Sean Higgins
A driver who was in front of Higgins told police that Higgins had been driving aggressively. When she and the vehicle ahead of her slowed down and moved left to go around the cyclists, Higgins sped up and veered right, striking the Gaudreaus, she said.
"I've been drinking beers," Higgins told police before performing field sobriety tests.
READ MORE: Judge extends time to indict driver accused of killing Gaudreau brothers in DUI crash
In the video, Higgins told police that he had about "five or six" beers starting around noon on the day of the crash.
"I haven't had one in like two hours," Higgins can be heard saying to troopers on the side of the road.
Police say Higgins had a blood-alcohol level of .087, which is above the state's .08 legal limit, and he failed a field sobriety test.
During previous hearings, defense lawyers noted that Higgins had a recent knee surgery that likely impacted the field test.
SEE ALSO: New details revealed during court hearing for suspect in deaths of Gaudreau brothers
"And just FYI, I had surgery on my knee on Friday," Higgins told troopers. He could also be seen wincing at one point during the test.
While balancing on one knee, he was asked to count out loud until he was instructed to stop. At one point he pauses and says, "Sorry, I'm just freaked out."
He is later handcuffed and read his Miranda rights. While being taken to the car, Higgins can be heard asking, "Is everybody OK back there, what happened?"
READ MORE: Johnny and Matthew Gaudreau remembered as loving brothers, husbands who put family above hockey
The trooper responds, "We'll talk about that when we get to the station."
Higgins faces up to 20 years in prison if convicted. He is scheduled to be arraigned on January 7, 2025.
Johnny Gaudreau, known as "Johnny Hockey," played 10 full seasons in the NHL and was set to start his third with the Columbus Blue Jackets. He played his first eight seasons with the Calgary Flames.
The deadly crash happened one day before the wedding of Johnny and Matthew's sister.
