SALEM COUNTY, NJ — A Salem County judge has denied the motion to dismiss charges against the man accused of killing brothers Matthew and Johnny Gaudreau in a 2024 drunk-driving crash.
Johnny, 31, and Matthew, 29, were riding bikes along County Road 551 North in Oldmans Township on Aug. 29, 2024 when they were hit by an alleged drunk driver on the eve of their sister's wedding.
Sean Higgins, 45, faces charges that include two counts of reckless vehicular homicide, two counts of aggravated manslaughter, one count of leaving the scene of a fatal accident, and one count of tampering with evidence after the brothers were struck.
Higgins and his legal team recently filed a motion to dismiss an indictment regarding the accuracy of the claim that he was legally intoxicated while driving the SUV.
An expert with the defense claimed that Higgins had a blood alcohol content (BAC) of 0.075% based on whole-blood testing rather than serum testing.
In a court filing from April, prosecutors argued that “it is only one chemist’s opinion attacking the credibility of one piece of the State’s evidence in this matter.”
They also pointed to BAC level as "one of many ways the State will establish the defendant’s reckless conduct on the day in question and how it amounted to an extreme indifference to human life.”
On Monday, a judge sided with prosecutors who have built a case around a recorded BAC of 0.087% that crossed the 0.08% legal limit in the state.
Higgins told New Jersey State troopers at the scene that he drank five or six beers before the accident, according to the affidavit into his arrest.
He faces up to 70 years in prison if found guilty on all charges.
Higgins is scheduled to appear in court again on June 16.
Known as "Johnny Hockey," Johnny starred for the National Hockey League's (NHL) Columbus Blue Jackets and was known around the league as a prominent face of the sport in America.
His brother, Matthew, also played professionally for the development-tier American Hockey League (AHL) before turning to coaching.
MORE FROM PATCH: Morgue Worker Fired For Leaking Details Of Gaudreau Brothers' Deaths In South Jersey
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