The New Jersey driver who was allegedly under the influence of alcohol when he struck NHL player Johnny Gaudreau and his brother Matthew Gaudreau appeared in court for the first time on Friday, August 30.

In footage shared by ABC affiliate WSYX and covered by multiple media outlets, including TMZ and Fox affiliate WTXF, Sean Higgins, of Woodstown, New Jersey, appeared virtually before a Salem County Superior Court judge, accompanied by an attorney from the local public defender’s office.

During his court appearance, Higgins, 43, was briefed on future proceedings by Judge Michael J. Silvanio, who informed him that his upcoming detention hearing would be held on Thursday, Sept. 5, given the long weekend.

“So I’m here until Thursday,” Higgins asked toward the end of the appearance, before Silvanio clarified that he must hold him for at least 72 hours before his hearing. Silvanio also informed Higgins that he had been charged in two courts with second-degree murder, both “punishable by up to 10 years” in state prison.

Higgins also indicated that he plans to hire his own attorney for future proceedings.

Johnny, 31, and Matthew, 29, died in a bicycle accident near their home on Thursday, August 29, PEOPLE previously confirmed. They were in the area to appear as groomsmen at their sister’s wedding the following day.

In a statement about the incident, the New Jersey State Police said: “After further investigation, Higgins was suspected of being under the influence of alcohol, was charged with two counts of homicide by vehicle, and was booked into the Salem County Correctional Facility. This crash remains an ongoing investigation and no additional information is available.”

They added that Higgins was driving a Jeep Grand Cherokee behind a sedan and SUV. They said he then “attempted to pass the slower moving sedan and SUV, entered the southbound lanes, passed the slower moving sedan, and attempted to reenter the northbound lanes when the SUV in front of Higgins pulled into the center of the roadway, splitting the northbound and southbound lanes to safely pass the two-wheeled bicyclist traveling northbound on the right side of the roadway.”

“Higgins then attempted to pass the SUV on the right and struck the two cyclists from behind. As a result of the collision, the two cyclists were fatally injured,” the police statement said.

Johnny is survived by his wife Meredith and their two children: daughter Noa, who will be 2 in October, and son Johnny, 7 months old.

Matthew is survived by his wife of three years, Madeline, who is currently pregnant with their first child.

The Columbus Blue Jackets, with whom Johnny signed a seven-year contract in 2022, called the deaths of Johnny and Matthew an “unimaginable tragedy” in a statement shared on August 30.