Judge extends the time to indict the driver accused of killing Johnny Gaudreau and his brother

Columbus Blue Jackets' Johnny Gaudreau (13) awaits the face-off during an NHL hockey game against the Nashville Predators, March 9, 2024, in Columbus, Ohio. (AP Photo/Aaron Doster)

SALEM, N.J. -

The driver charged with killing NHL hockey player Johnny Gaudreau and his brother, Matthew, as they were cycling on a rural New Jersey road briefly appeared in court Tuesday, where the judge extended the window for prosecutors to seek an indictment.

The brief hearing, in which the judge granted prosecutors 30 additional days in which to seek formal charges in the Gaudreaus' Aug. 29 deaths, marked the first time the Gaudreau family and the 44-year-old defendant, Sean M. Higgins, faced one another in court. Previously, Higgins appeared at hearings via video from behind bars.

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Authorities say Higgins, who is from Woodstown, in southwestern New Jersey, was impaired after he drank five or six beers on the day he drove into the brothers' bicycles, and that he has a history of road rage and aggressive driving.

Johnny Gaudreau, 31, and Matthew Gaudreau, 29, were killed near their childhood home in South Jersey on the eve of their sister's wedding. The family, including their father, Guy Gaudreau, declined to comment on the case Tuesday at the Salem County Courthouse.

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

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.

Higgins had a blood-alcohol level of .087, which is above the state's .08 legal limit, and he failed a field sobriety test, police said. He faces preliminary charges of two counts of death by auto, reckless driving, possession of an open container, and consuming alcohol in a vehicle.

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Higgins faces up to 10 years in prison if convicted of one of the death by auto counts. The judge said that made him a flight risk and ordered him jailed until the trial.

Defence lawyer Matthew Portella has called Higgins "a loving father of two daughters," and a good person who "made a horrible decision that night." Portella declined to comment after Tuesday's hearing.

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.