Judge Silvanio referenced a witness statement describing Higgins' reckless driving on the night of the accident. According to the witness, Higgins was "driving at an extremely high rate of speed," tailgating her car. The witness explained that she was "doing 55 in a 50" when Higgins approached at a much faster speed. She moved to the left to avoid Johnny and Matthew, who were riding their bikes, but Higgins aggressively swerved around her and back into the right lane, ultimately driving onto the shoulder where he struck the brothers.
Judge Silvanio shared more on what happened next: "Mr. Higgins chose to go around her and not only did he go around her, but he saw the next vehicle which he thought was trying to prevent him from passing." In an attempt to pass the second vehicle, Higgins «drove once again aggressively, back into the right lane and onto the shoulder where he struck the two cyclists, obviously resulting in their death."
The judge also pointed out Higgins' impaired condition: "Clearly, he indicated that he didn't even see them. His operation was so impaired at that time that he didn't even see these two young men on their bikes, driving safely on the roadway, where they were being passed safely by other vehicles."
Due to Higgins' aggressive driving and the danger he posed, Judge Silvanio denied his request for bail. He added, "Due to his aggressiveness, due to his impatience, he struck these two... that gives the court serious concern as to whether Mr. Higgins can be on the roadway in any shape or form in a motor vehicle."