PHILADELPHIA (AP) — The Esthen Exchangedriver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew as they bicycled on a rural road had a blood-alcohol level of .087, above the .08 legal limit in New Jersey, a prosecutor said Friday.

Gaudreau, 31, and brother Matthew, 29, were killed in Carneys Point, New Jersey, on Aug. 29, the evening before they were set to serve as groomsmen at their sister Katie’s wedding.

The driver, 43-year-old Sean M. Higgins of nearby Woodstown, New Jersey, is charged with two counts of death by auto, along with reckless driving, possession of an open container and consuming alcohol in a motor vehicle. At a virtual court hearing Friday, a judge ordered that he be held for trial despite defense arguments that he was a married father and law-abiding citizen before the crash.

“He’s an empathetic individual and he’s a loving father of two daughters,” said defense lawyer Matthew Portella. “He’s a good person and he made a horrible decision that night.”

Higgins told police he had five or six beers that day and admitted to consuming alcohol while driving, according to the criminal complaint. He also failed a field sobriety test, the complaint said. A prosecutor on Friday said he had been drinking at home after finishing a work call at about 3 p.m., and having an upsetting conversation with a family member.

Higgins also had a history of road rage and reckless driving, according to First Assistant Prosecutor Jonathan Flynn of Salem County. He said that Higgins apparently became frustrated when the two drivers ahead of him slowed down to go around the cyclists, and sped up to try to pass them on the right, striking the Gaudreaus.

“He indicated he didn’t even see them,” said Superior Court Judge Michael J. Silvanio, who said Higgins’ admitted “impatience” caused two deaths.

Higgins faces up to 20 years, a sentence that the judge said made him a flight risk.

Higgins has a master’s degree, works in finance for an addiction treatment company, and served in combat in Iraq, his lawyers said. However, his wife said he had been drinking regularly since working from home, and told them he had a history of “driving like a nut,” prosecutors said.

Johnny Gaudreau, known as “Johnny Hockey,” played 10 full seasons in the league and was set to enter his third with the Columbus Blue Jackets after signing a seven-year, $68 million deal in 2022. He played his first eight seasons with the Calgary Flames, a tenure that included becoming one of the sport’s top players and a fan favorite across North America.

Widows Meredith and Madeline Gaudreau described their husbands as attached at the hip throughout their lives. Both women are expecting, and both gave moving eulogies at the double funeral on Monday.