A New Jersey judge has denied a motion to dismiss charges against Sean M. Higgins, the man accused of killing NHL player Johnny Gaudreau and his brother Matthew while they rode bicycles in August 2024. Superior Court Judge Michael Silvanio ruled Monday there was no basis to dismiss the indictment, stating the evidence presented to the grand jury was adequate.

Higgins' attorneys argued that at least some charges should be dismissed over what they called "misleading" blood alcohol evidence. The defense claims a toxicology review showed Higgins' BAC was .075, below the legal limit, not the .087 reported by prosecutors. The discrepancy, they said, came from testing blood serum instead of a whole blood sample. The prosecution called the BAC level "one of many ways the State will establish the defendant's reckless conduct."

Higgins, 45, faces two counts of first-degree aggravated manslaughter, the most serious charges in a six-count indictment. Each count carries a maximum of 30 years. He pleaded not guilty in January 2025 after rejecting a prosecution offer of 35 years in prison. His next court appearance, a pretrial conference, is scheduled for June 16.