Trial Against Drunk Driver Accused of Killing Matthew and Johnny Gaudreau Will Move Forward, Judge Says

• A judge has ruled that the criminal trial against Sean Higgins, the man accused of driving drunk and killing Johnny and Matthew Gaudreau, can move forward
• Higgins and his attorneys had argued that New Jersey state prosecutors haven’t presented evidence related to the Gaudreau brothers’ own alcohol levels at the time of the crash
• The judge said “there’s no credence in the argument” that the brothers’ alcohol levels indicated “negligence” on their part, and determined the trial would continue

The criminal trial against the New Jersey man accused of killing hockey brothers Johnny and Matthew Gaudreau while allegedly driving drunk will move forward, a judge ruled Tuesday.

Superior Court Judge Michael Silvanio, the judge presiding over Sean M. Higgins’ trial, denied his attorneys’ request to throw out his criminal indictment on Tuesday, according to local WSYX, ESPN, and The Associated Press. 

Higgins, 44, and his attorneys argued that New Jersey state prosecutors haven’t presented specific evidence related to the Gaudreau brothers’ own alcohol levels at the time of the crash and say Johnny’s celebrity status as a successful NHL player has clouded judgement in this case, according to the outlets. However, Silvanio ruled that the brothers’ own alcohol levels at the time of the crash were a moot point when it comes to deciding Higgins’ own responsibility.

“There’s no credence in the argument there was contributory negligence on the part of the cyclists,” Judge Silvanio said, according to the AP.

Higgins, a Woodstown, N.J., native, was arrested at the scene of the Aug. 29, 2024 crash, in which Johnny, 31, and Matthew, 29, were instantly killed. Higgins had told the arresting officers he had “five or six Miller Lites” before driving, according to body cam footage previously reviewed by PEOPLE.

The Gaudreau brothers — both with pregnant wives at the time — were riding bicycles together in their hometown the night before they were set to serve as groomsmen in their sister Katie Gaudreau’s wedding.

Johnny, a seven-time NHL All-Star known as “Johnny Hockey,” is the father to three children with his wife Meredith: Noa, 2, Johnny, 1, and their newborn son Carter, who was born last week. Meredith revealed her pregnancy while delivering her husband’s eulogy last September.

Meanwhile, Matthew’s wife Madeline Gaudreau gave birth to the couple’s first baby boy, Tripp Matthew, roughly four months after the brothers’ death. Matthew played collegiate hockey at Boston College alongside Johnny before playing in the minor leagues, most recently with the Worcester Railers. He later became a high school hockey coach at Gloucester Catholic High in New Jersey.

Higgins, also a married father of two, had a blood alcohol level of .087 when the crash occurred, the New Jersey State Prosecutor’s Office previously alleged, which is .007 over the state’s legal limit. Authorities alleged that Higgins swerved around another car before crashing into the Gaudreaus, who were on bikes.

“There are four witnesses that witnessed the defendant speeding and illegally passing the Bronco on the right when he struck the brothers. 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,” Salem County Assistant Prosecutor Michael Mestern wrote in a memo earlier this month, according to the AP.

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Higgins turned down a plea deal and pleaded not guilty to the charges against him when he was indicted in January, PEOPLE previously reported. He was initially charged with two counts of death by auto, reckless driving, possession of an open container and consuming alcohol in a motor vehicle when he was arrested in August 2024 arrest, but was then additionally charged with two counts of aggravated manslaughter, second-degree leaving the scene of a fatal accident and an additional charge for tampering with physical evidence when he was indicted by a grand jury earlier this year.

PEOPLE has reached out to Higgins’ attorney for comment.