COLUMBUS, Ohio (WCMH) – A New Jersey judge refused Tuesday to dismiss any of the counts against the driver accused of killing Columbus Blue Jackets forward Johnny Gaudreau, and his brother, Matthew. Judge Michael Silvanio of Salem County Superior Court denied a defense motion to dismiss three o f the six-count, grand jury indictment against Sean Higgins. The new filing comes about a month after his attorneys argued that he received and rejected an unfair plea deal due to the high-profile nature of the case.  One injured after road rage shooting on Interstate 70 in west Columbus Higgins, who was driving with a reported blood alcohol level of 0.087, struck the Gaudreau brothers last August as they were cycling after sunset on a road near Salem. Defense attorneys argued that two counts for aggravated manslaughter implied that Higgins caused the deaths of the brothers recklessly and with extreme indifference. Attorneys argued Higgins did so with extreme indifference, in that he made legal lane changes, remained at the scene, evidence from a state trooper’s reenactment diagram conflicted with witness statements of recklessness, and that the cyclists were also intoxicated. Regarding a count over leaving the scene of an accident, council argued that Higgins cooperated with New Jersey state troopers, took a field sobriety test, that his car was disabled and coasted to a stop about 1,500 feet ahead of the crash scene and that he could have attempted to walk or run from the scene but did not. The prosecution presented witness testimony of Higgins’ speed, which allegedly exceeded the speed limit of 50 mph, that he did not attempt to help the victims or call 911. Additionally, it argued that Higgins stopped only because his vehicle was disabled. Sean Higgins (right), the driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew as they bicycled on a rural road, appears at the county courthouse in Salem, N.J., April 15, 2025 (Courtesy/Salem County Superior Court) Prosecutors also noted that while Higgins was at the scene of the crash when police arrived, he reportedly attempted to discard evidence after he got out of his car. It addressed that all evidence was presented to a grand jury, was thorough and that jurors asked questions and did their due diligence. All matters before the court could be addressed at trial if applicable, Assistant Prosecutor Michael Mestern said. Silviano agreed that the grand jury process and evidence submitted only needs to be established for an indictment and it is not a matter of guilt or innocence, which can be argued at a trial. He also agreed that grand jury hearing was thorough in denying the motion to dismiss. Other issues addressed were the inclusion of the Gaudreau brother’s alcohol levels and the discrepancies between a plea offer from the prosecution vs. prior plea agreements in similar cases. The defense rejected a plea deal in December before arguing in February that Higgins received an unfair offer that was “greatly out of the range of other plea offers made in Salem County over the past few years” from other vehicular homicide cases. A second filing was then submitted to show the blood alcohol levels of Johnny (0.129) and Matthew (0.134), and in March, Higgins’ defense council moved for a dismissal Defense attorney Richard Klineburger III noted that the Gaudreaus had blood-alcohol levels higher than the 0.08 legal limit in New Jersey, and higher than what police recorded for Higgins. He stated that even though the cyclists are not to be blamed for the accident, they are unsure what impact, if any, their blood alcohol levels may have had in the incident. Chillicothe paper mill that employs about 800 being shut down The prosecution contented that defense council is free to inquire with lab reports and that because it has no intention of using those findings in their case, they are not required to hand over those reports. The same stance was given regarding prior plea agreements. Mestern agreed to forward all communications to defense council between the state and the lab it hired for the autopsy and toxicology reports. The hearing lasted about two hours, with several in attendance from the Gaudreau family, some who were seen shaking their heads during defense council statements. Higgins, who was visibly emotional during the recounts of the crash, was flanked by attorneys. A future court date has not been set but would be scheduled between May 15 and June 10. ...read more read less