A judge refused Tuesday to dismiss any of the six charges for the driver accused of killing Johnny and Matthew Gaudreau.
Lawyers for Sean Higgins, who was indicted by a New Jersey grand jury in December on six charges related to the alleged drunk driving crash that killed the Gaudreau brothers, made a motion in March to dismiss three of those charges — including those for vehicular homicide and manslaughter.
They argued that prosecutors had not presented evidence to the grand jury about the blood-alcohol levels of the Gaudreau's.
Johnny Gaudreau's blood-alcohol level was 0.129 and Matthew's was 0.134. Higgins' blood-alcohol level was 0.087, just above New Jersey's legal limit of 0.08.
Assistant Prosecutor Michael Mestern argued that the blood-alcohol level of the Gaudreau's was irrelevant in the actions of Higgins.
"To say that their BAC's may have contributed to the cause of death is a reach to say the least," said Mestern.
In his ruling Tuesday, with members of the Gaudreau family present, Salem County Superior Court Judge Michael Silvanio agreed.
"There's no credence in the argument there was contributory negligence on the part of the cyclists," said Judge Silvanio.
Witnesses told police the Gaudreau's were riding safely on the edge of the road, not weaving into traffic, according to Mestern.
“There are four witnesses that witnessed the defendant speeding and illegally passing the Bronco on the right when he struck the brothers," Mestern wrote earlier this month.
"The witnesses also saw the brothers riding single file, with the flow of traffic, on the fog line just prior to being struck by the defendant."
The prosecution also presented witness testimony of Higgins’ excessive speed and that he made no attempt to help the victims or call 911. Additionally, prosecutors argued that Higgins only was at the scene because his vehicle was disabled and that he had attempted to remove evidence from the scene.
Attorneys for Higgins also argued that the plea deal offered was unfair as a result of the Gaudreau's celebrity status and the coinciding high-profile nature of the case.
A lawyer for Higgins said they were not trying to blame the Gaudreau brothers.
“Mr. (Richard) Klineburger and I are not blaming the two bicyclists for the incident. That would be ridiculous. That would be wrong,” lawyer Matthew Portella said.
The next court date has not been set.
