Metro

No plea deal on table for alleged drunk driver charged with killing NHL star Johnny Gaudreau, brother

The former soldier accused of drunkenly mowing down NHL star Johnny Gaudreau and his brother made a brief appearance Tuesday in a New Jersey courtroom, where the judge said no plea deal was on the table.

Sean Higgins, 43, wore dark green jail-issue scrubs at a pre-indictment conference in Salem County court Tuesday morning.

He has been in custody since the night of Aug. 29, when he allegedly fatally struck Columbus Blue Jackets player Johnny Gaudreau, 31, and his brother Matthew, 29, on a county road in Oldmans Township.

Sean Higgins, 43, in court on Tuesday. AP

During the brief proceedings, Judge Michael Silvanio granted the state’s request for a 30-day extension to have the case reviewed by a grand jury for a potential indictment.

Silvanio also noted there had been no discussion of a plea deal.

Members of the Gaudreau family were in court for the proceedings. 

Higgins’ next court date was not scheduled, with plans for an arraignment pending the indictment.

Higgins — a decorated Army major who worked for a rehab facility — is facing two counts of aggravated vehicular homicide as well as multiple traffic violations.

Johnny and Matthew Gaudreau were in their hometown for their younger sister’s wedding when they were hit and killed while biking around sunset.

Johnny Gaudreau (right) and his brother Matthew (left) were in their hometown for their sister’s wedding when they were killed. Instagram / @kgaudreau13

Higgins, of Pilesgrove, was allegedly speeding up in his Jeep to tailgate the car in front of him before he tried to pass the car on the left side, according to Salem County Assistant Prosecutor Jonathan Flynn and investigators at the scene.

The SUV in front of Higgins shifted to the left to give the Gaudreau brothers room, but Higgins supposedly interpreted the move as an attempt to block him.

He then accelerated around the SUV on the right side and hit both brothers.

Matthew Gaudreau, 29, was about to become a father to his first child. Gofundme

The dad of two later told police he did not see the bikers before the crash.

Higgins told cops at the scene that he had “five to six” beers before and while he was driving. 

His blood alcohol level was later revealed to be 0.087% — just over the legal limit of 0.08%.

Blue Jackets star Johnny Gaudreau was a dad of two, including Noa, who turned 2 shortly after his death. Meredith Gaudreau/Instagram

Johnny and Matthew Gaudreau’s death sparked an outpouring of grief from the hockey community — including the NHL and at Boston College, where both brothers were standout players.

In addition to their parents and two sisters, the Gaudreaus are survived by their respective wives and children.

Johnny’s wife, Meredith, revealed at the brothers’ funeral that she was pregnant with the couple’s third child. They also share Noa, 2, and Johnny, 8 months.

A makeshift memorial for Columbus Blue Jackets hockey player Johnny Gaudreau and his brother at the intersection of Pennsville Auburn Road and Stumpy Lane in Pendricktown. Matt Hatcher for the NYPost

Matthew is survived by his wife, Madeline, and their unborn son, Tripp.

The late dad-to-be was honored at Madeline’s baby shower last month, which was themed “Heaven sent” and incorporated tributes to both Matthew and Johnny.

The emotional setup “brought instant tears,” Madeline wrote on Instagram.

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