"Mr. Higgins is observed by one of the operators driving at an extremely high rate of speed. She indicated that she was doing 55 in a 50 and she observed Mr. Higgins vehicle coming behind her at a high rate of speed.
According to the police reports, the witness in that vehicle witnessed Mr. Higgins accelerate then get back almost tailgating her on her bumper, slowing down, continuing to accelerate at which point she moved slightly to the left to avoid these young men who were out riding their bikes.
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. So he drove once again aggressively, back into the right lane and onto the shoulder where he struck the two cyclists obviously resulting in their death.
"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 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."