A New Jersey judge has ruled that Sean M. Higgins, the man accused of causing the fatal drunken driving crash that claimed the lives of Columbus Blue Jackets star Johnny Gaudreau and his brother Matthew, will remain in custody until his case is heard in court. The decision was made on Friday morning during a hearing at the Salem County Correctional Facility.

Higgins, 43, has been held in custody since his arrest on August 29 in Oldmans Township, New Jersey. He is facing two counts of vehicular homicide, both second-degree offenses that carry a maximum sentence of 10 years for each count.

During the hearing, Superior Court Judge Michael J. Silvanio heard arguments from Higgins' attorneys and the prosecutor regarding whether Higgins should be released while awaiting trial. New Jersey no longer operates under a cash bail system, instead utilizing a risk assessment system that takes into account factors such as the defendant's criminal history, public safety, and likelihood of appearing in court.

Prosecutor Jonathan Flynn of Salem County argued that Higgins should be kept in jail due to the severity of the crime and the strong evidence against him. Flynn highlighted Higgins' admissions to state police on the night of the incident, as well as to his mother and a friend. Additionally, two witnesses present at the scene could testify if the case proceeds to trial.

Flynn also expressed concerns about Higgins' potential danger to the community, citing his history of "road rage and impatience." The prosecutor suggested that Higgins might even try to harm himself to avoid facing the consequences of his actions.

Higgins' defense attorneys, Matthew V. Portella and Richard F. Klineburger, sought his release, emphasizing his previous standing as a model citizen and his military service, which included receiving a Bronze Star for his service in Iraq. The defense team also noted that the pre-trial recommendation was for Higgins to be released, as he was considered a low risk under the new risk assessment system.

However, Judge Silvanio expressed significant concerns regarding Higgins' "road rage-like behavior" leading up to the crash and ultimately sided with the state's motion to keep him in jail.

The tragic incident occurred last month when the Gaudreau brothers were riding their bicycles on County Route 551. Higgins, driving a Jeep Grand Cherokee, attempted to pass an SUV on the two-lane road. The SUV had already moved towards the center of the road to pass the brothers when Higgins, attempting to pass on the right, struck them from behind. The crash occurred around 8:30 p.m., approximately an hour after sunset.

Both Johnny Gaudreau, 31, and Matthew Gaudreau, 29, were pronounced dead at the scene, according to a probable cause affidavit filed by the New Jersey State Police. Investigators found no evidence to suggest that the brothers had contributed to the incident in any way.

Higgins admitted to consuming five to six beers prior to and while operating his vehicle. He claimed that his impatience and reckless driving were fueled by both his consumption of alcohol and the belief that the SUV driver had purposefully blocked his passage. Judge Silvanio revealed that Higgins' blood alcohol level on the night of the crash was 0.087, exceeding the legal limit for impairment.

Higgins now has seven days to appeal the judge's decision. His next court appearance is scheduled for October 15, where a pre-indictment conference will be held to address further proceedings in the case.