Sean Higgins, the man accused of striking and killing NHL player Johnny Gaudreau and his brother Matthew as they cycled on Aug. 29, had a blood alcohol level of .087 at the time of the incident—over the .08 legal limit for intoxication in New Jersey.
At a bail hearing on Friday, prosecutors also alleged that Higgins, who faces two counts of second-degree death by auto, has a history of aggressive driving and road rage. They pointed to a phone conversation between Higgins and his wife after his arrest.
“‘You were probably driving like a nut like I always tell you you do. And you don’t listen to me, instead you just yell at me,’” she told him, according to Salem County prosecutor Jonathan Flynn.