Raw video: Man charged in deaths of NHL star Johnny Gaudreau, brother makes court appearance

Be killed. You're charged now with two counts of second degree homicide. Both of those charges are punishable by a maximum 10 years in New Jersey State prison. Do you understand that those are the charges to bring you before this court and those of the potential penalties that you face? Yes. At today's hearing, you do have certain rights among those rights for the right to be present and you are in fact present here today in the virtual courtroom. You also have a right to be represented by an attorney and today you're represented by Mr Do Dooley. You additionally have a right to remain silent. Keep in mind anything you say here today may be used against you. Note that while Mr Dooley is your attorney for today's proceeding, he may or may not be the attorney assigned to represent you as your case proceeds through the court system. If you're ultimately still represented by the Public Defender's office, have you given any any thought at all at this time as to whether you want to continue to be represented by the Public Defender's office or whether you'll be hiring your own attorney? Hi, my attorney in the future. Here are all right. You may do so. If you do hire your own attorney here, she will have to enter their appearance with the court and substitute in for the public defender. They will know how to do that. In the meantime, with regard to the charges pending against you, you have a right to apply to certain programs. The court has to offer such as the recovery program and, or the pretrial intervention program if you're interested and or otherwise eligible for either of programs, you may make an application with the assistance of your attorney. You furthermore have a right to a hearing as the probable cause. You have a right to have this matter presented to the grand jury for indictment as well as a trial by jury. You may waive your grand jury presentment rights as well as your jury trial rights. If you waive the, if you waive your right to trial by jury, you then be tried by the court. In that instance, a judge such as myself and make a determination as to whether you're guilty or not guilty of these charges. You understand all these rights. Yes, you also have a right to pre trial release. You may not be detained pre trial unless the state files a motion for your pre trial. Detention and a superior court orders that detention, Miss Harley. It's my understanding the state is seeking pre trial detention. Yes, that is correct. And with the holiday. I believe that takes us to next Thursday, September 5th for the detention hearing. That is correct. So Mr Higgins, your detention hearing is going to come back before this court on September the fifth to be brought back to court for a hearing on that day. In the meantime, between now and your court date on Thursday, the state must turn over to your attorney discovery that's any and all reports or documents in the state's possession which are relevant to their application to detain you as well as any. And all exculpatory evidence must be turned over to your attorney between now and the hearing on the fifth. Now allow your attorney Mr Dooley who's in for purposes of today's proceeding just to advise you to expect between now and Thursday's hearing. Mr Dooley. Yes, your honor. Um, Mr Higgins, uh, obviously, uh, uh, as earlier, you stated that you plan on getting a private attorney as for now until you get a private attorney, we'll be representing you to your detention hearing. Now, uh, there's a couple of things you need to know. One. first off, don't talk to anyone at the jail by your case, important reality between you and your attorney, whether regardless if it's me or a private attorney going forward, uh, keep in mind all jail calls are recorded. Uh, so when you're talking on the phone at jail, just keep that in mind if, uh, I wouldn't talk about the case with anyone that isn't your attorney. Uh, additionally, an investigator will come out and see you prior to your court date on Thursday to, uh, basically get background information, other information that may be helpful for your mentioning. Um And we'll also be waiting here whether or not you get a attorney again, if not, we would represent you the ok. Thank you. So what I actually do hire an attorney or get an attorney? Obviously, I have very limited contact with anyone. Now. I don't have a phone. I can't really reach anybody who do I. How do I get that process started with them? So, Mr Higgins, if you're interested in hiring counsel, you need to speak to somebody at the jail. Uh, and they can help you facilitate contacting people. Uh, if you, uh, have family or friends on the outside who are willing to assist you in doing that, you may be able to reach out to them in order to get that done. Ok. At this time, we're going to excuse you from court today. We'll see you back in court on Thursday. So I'm here until Thursday. Yes, sir. Once the state files a motion for your pre trial detention statutes and court rules require me to hold you over for a minimum 72 hours before your hearing. The cost. We have a weekend and we have a Monday holiday, 72 hours becomes Thursday. So any other questions? Not this time now. All right, thank you, Mr Higgins. You are excused for today. Hm.