Sean Higgins, the man accused of the death of the NHL star, Johnny Gaudreau, and his brother Matthew, will perform this summer on the initial accusations of his accusation act after a New Jersey judge has rejected affirmation of his defense lawyer that the consumption of the brothers contributed to their death.
The judge of the Superior Court, Michael Silvanio, rendered his decision before the court on Tuesday after almost two hours of arguments, finally deciding that all the accusations against Higgins would be confirmed.
Sean M. Higgins, the driver accused of having killed the NHL hockey player Johnny Gaudreau and his brother Matthew while they were cycling, is in the county of Salem, NJ, courthouse on April 15, 2025, in Salem, NJ (AP photo / Matt Rourke)
“There is no credibility in the argument that there was a contributory negligence on the part of the cyclists,” said Silvanio.
Deputy prosecutor Michael Mestern added during the hearing that the defense argument was “a range to say the least”.
CLICK HERE for more sports cover on Foxnews.com
According to the judicial archives, Johnny and Matthew Gaudreau both had a blood alcohol level of 0.129 or more when they driven their bikes along a road on August 29 on the eve of their sister’s wedding.
They were killed when Higgins hit them with his vehicle while trying to pass a vehicle on the right side. But the witness of the witnesses argued that the brothers did not drive the bikes with imprudence.
“There are four witnesses who saw the defendant accelerate and illegally pass the Bronco on the right when he struck the brothers. The witnesses also saw the brothers roll only, with the traffic flow, on the fog line just before being struck by the defendant,” Mestern wrote in a memo this month.

Guy Gaudreau, father of the NHL Johnny Gaudreau and Matthew Gaudreau, walks in the county courthouse in Salem, NJ, Tuesday April 15, 2025. (AP photo / Matt Rourke)
The wife of the late NHL star Johnny Gaudreau announces the birth of a son 7 months after his tragic death
The blood alcohol level was 0.087, which was exceeded the legal limit .080 in New Jersey.
He was accused of two guilty manslaughter, two homicide managers per vehicle, falsified evidence and leaving an accident. He also admitted to the police he had drunk that day, including while he was driving.
The lawyers of Higgins said that the request was not to blame the brothers and argued that the Grand Jury had not heard all the facts before approving the accusations.

Sean M. Higgins, the driver accused of having killed the NHL hockey player Johnny Gaudreau and his brother Matthew while they were cycling, appears at the county of Salem, NJ, courthouse, Tuesday April 15, 2025 in Salem, NJ (AP photo / Matt Rourke)
Higgins pleaded not guilty in January and could incur up to 70 years in prison if he was found guilty for all accusations. He must be back in court on June 10.