The judge extends the time for arraignment against the driver accused of killing Johnny Gaudreau and his brother

SALEM, NJ (AP) — The driver is charged with the murder of an NHL hockey player Johnny Gaudreau and his brother Matthew, As they were biking on a rural New Jersey road, she appeared briefly in court Tuesday, where the judge extended the time for prosecutors to file an arraignment.

The brief hearing, in which the judge gave prosecutors 30 additional days to file formal charges in the Gaudreaus' Aug. 29 deaths, marked the first time the Gaudreau family and 44-year-old defendant Sean M. Higgins have met faced each other in court. Higgins previously appeared at hearings via video behind bars.

Authorities say Higgins, a native of Woodstown in southwest New Jersey, was impaired after drinking five or six beers the day he rode into the brothers' bikes and that he had a history of temper tantrums and aggressive driving.

Johnny Gaudreau, 31, and Matthew Gaudreau, 29, were killed near their parents' home South Jersey on August 29, the eve of her sister's wedding. The family, including her father, Gus Gaudreau, declined to comment on the case Tuesday at the Salem County Courthouse.

Higgins told police that on the day of his arrest, he drove around for two hours while talking on the phone with a friend after having a disturbing conversation with his mother.

A driver standing in front of Higgins told police that Higgins was driving aggressively. As she and the vehicle in front of her slowed and turned left to get around the cyclists, Higgins accelerated and turned right, hitting the Gaudreaus, she said.

Higgins had a blood alcohol level of 0.087, above the state's legal limit of 0.08, and he failed a field sobriety test, police said. He faces preliminary charges of two counts of homicide by auto, reckless driving, possession of an open container and consuming alcohol in a vehicle.

If convicted, Higgins faces up to 20 years in prison. The judge said this put him at risk of flight and ordered him detained pending trial.

Defense attorney Matthew Portella called Higgins “a loving father of two daughters” and a good person who “made a terrible decision that night.” Portella declined to comment after Tuesday's hearing.

Johnny Gaudreau, known as “Johnny Hockey”, played ten full seasons in the NHL and was scheduled to begin his third season with the Columbus Blue Jackets. He played his first eight seasons with the Calgary Flames.