The case against the man accused of killing NHL star Johnny Gaudreau and brother Matthew will go ahead.
The brothers were tragically killed after being struck by a suspected drunk driver while cycling in New Jersey last summer.
Sean Higgins was indicted by a grand jury in December of six charges related to the crash but his attorneys asked Tuesday that the indictment be thrown out.
However, Superior Court Judge Michael Silvanio denied that request with the case now set to move forward.
Higgins’ attorneys argued that the prosecution had not presented evidence of the brothers’ blood-alcohol levels to the grand jury.
According to the defense, the Gaudreaus had blood-alcohol levels of .129 or above, higher than the .08 legal limit in New Jersey and the .087 that police recorded for Higgins. Prosecutors it wasn’t relevant under New Jersey law.
NHL star Johnny Gaudreau and brother Matthew were killed after being struck while cycling
Sean Higgins was indicted by a grand jury in December of six charges related to the crash
Guy Gaudreau, the father of Matthew and Johnny, arrives in court for Tuesday’s hearing
‘We believe these filings are essential to ensuring that our client’s Constitutional rights are protected and that he is not being treated unfairly based upon the amount of publicity being garnered,’ Higgins’ attorneys, Richard F. Klineburger III and Matthew V. Portella, previously said in a statement.
Salem County prosecutors noted that there is no law banning cycling while intoxicated in New Jersey, and that witnesses said the brothers were riding single-file on the edge of the road, not weaving into traffic.
Prosecutors have accused Higgins of being impaired by alcohol and fueled by road rage when he ran into them.
The Gaudreau brothers were killed on August 29 in Oldmans Township, N.J., where they had traveled to attend their sister Katie’s wedding scheduled for the following day. They were pronounced dead at the scene. Johnny was 31 and Matthew was 29.
In documents seen by DailyMail.com, Higgins admitted to cops that he drank ‘5-6 beers’ before getting behind the wheel of his Jeep Grand Cherokee and crashing into the back of Johnny and Matthew.
A driver in front of Higgins also told police that he had been driving aggressively. When she and another driver slowed down and moved to the left to go around the cyclists, Higgins sped up and veered right before striking the brothers, she said.
Higgins told officers that on the day of his arrest, he had been driving around for two hours while talking to a friend on the phone after having an upsetting conversation with his mother.
Defense lawyer Portella called Higgins a loving father and a good person who ‘made a horrible decision that night.’
The case against Higgins will go ahead after the judge’s ruling on Tuesday
Higgins’ attorneys argued the brothers’ blood-alcohol levels hadn’t been presented to the grand jury
On August 29, Johnny and Matthew were killed while riding bicycles at night near their childhood home in South Jersey on the eve of their sister’s wedding
In December, Higgins was indicted on charges that included two counts each of aggravated manslaughter and vehicular homicide, along with evidence tampering and leaving the scene of an accident.
Higgins appeared briefly in court in January, when he entered a formal plea of not guilty to the indictment after turning down a prosecution offer of 35 years in prison.
The defense argued that the 35-year plea offer Higgins previously turned down was much higher than what has been offered in other cases, citing how it was only offered because of the notoriety of the Gaudreau family.
Under the plea offer from the state, Higgins would have to plead guilty to both aggravated manslaughter charges in return for consecutive 15-year sentences.
Additionally, he would have to serve 85 percent of a 30-year sentence before becoming eligible for parole.
The offer would require Higgins to plead guilty to leaving the scene of a fatal accident in return for a recommended five-year prison term – making the total length of the sentence 35 years.
Higgins would also be required to pay restitution for replacement costs, including an Apple watch, the bicycles and funeral expenses.
Johnny Gaudreau was a seven-time NHL All-Star who played 11 seasons, the first nine with the Calgary Flames and the last two with the Columbus Blue Jackets. He tallied 743 points (243 goals, 500 assists) in 763 games.
Johnny, who was a seven-time NHL All-Star, is pictured with his wife Meredith and kids
Johnny’s widow Meredith announced the birth of their third child earlier this month
Earlier this month, his widow, Meredith, announced the birth of their third child – a boy named Carter, who was born on April 1, seven months after Johnny died.
Meredith announced her pregnancy at her husband’s memorial service on September 9.
‘We’re actually a family of five,’ Meredith said during her heartbreaking eulogy. ‘I’m in my ninth week of pregnancy with our third baby. A total surprise, but again, John was beaming and so excited.’
Meanwhile, Matthew played for several minor league teams, most recently the Worcester Railers. His wife, Madeline, also gave birth to a son, Tripp, in December.
