The man accused of killing NHL player Johnny Gaudreau and his younger brother in a crash was legally drunk and drinking in his vehicle at the time of the incident, prosecutors said Friday.

Sean Higgins, 43, had a blood-alcohol content of 0.087 percent, above the New Jersey limit of 0.08 court, prosecutors said during a detention hearing in Salem County Superior Court. He was traveling in Oldmans Township at the same time Johnny, 31, and Matthew Gaudreau, 29, were riding bicycles along the right shoulder.

The incident occurred Aug. 29, the day before Katie Gaudreau, the younger sister of the men, was scheduled to get married.

According to The Washington Post, prosecutor Jonathan Flynn said in court Friday that Higgins was upset about a family issue and drank a beer at home. Then he left the house to drive around — continuing to drink alcohol while on road and grew impatient at the two cars ahead of him, which had slowed because of the presence of the Gaudreaus. He tried to pass on the right, striking the men.

They were pronounced dead at the scene.

While Higgins’ attorneys argued he should be released from detention because he had no criminal convictions on his record, is the father of two daughters and was not a flight risk, Salem County Judge Michael J. Silvanio ordered Higgins to be held without bail until his Oct. 15, the date of his next hearing, per The Post.

Higgins has been charged with two counts of second-degree death by auto, which carries a maximum sentence of 20 years in prison, plus other charges. He appeared virtually during the hearing and cried at times.

–Field Level Media