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A New Jersey judge ruled Tuesday that all charges against a driver who was involved in the deaths of hockey brothers Johnny and Matthew Gaudreau would be upheld, including manslaughter and vehicular homicide.

The ruling came after nearly two hours of arguments as to whether the Gaudreau’s own drinking may have contributed to the brothers’ deaths. Ultimately, according to Superior Court Judge Michael Silvanio, “[t]here’s no credence in the argument there was contributory negligence on the part of the cyclists.”

The Gaudreaus were bicycling near their hometown in southern New Jersey last August when Sean Higgins, 44, struck the brothers from behind while attempting to pass another driver on the right. The 31-year-old Johnny and 29-year-old Matthew were pronounced dead at the scene.

According to the defense, the Gaudreaus, in the area for their sister’s wedding that was to take place the following day, had blood alcohol levels of at least .129, well above the state legal limit of .08. Police said that Higgins had a blood alcohol content of .087.

Witnesses said that the brothers were safely riding on the edge of the road and not weaving into traffic, according to the prosecution, which also accused Higgins of exhibiting road rage when he hit the Gaudreaus. Higgins faces two counts of reckless vehicular homicide and aggravated manslaughter as well as evidence tampering and leaving the scene of an accident.

He was located about a quarter of a mile away next to his vehicle, which had stalled. Higgins faces a maximum of 70 years in prison. The defense, which alleges that the Gaudreaus were cycling without lights after dark, rejected a plea offer of 35 years. The case will head to trial with a hearing scheduled for June 10.

Johnny Gaudreau was preparing to begin his third season with the Columbus Blue Jackets after playing eight years with the Calgary Flames. He scored 243 goals and dished out 500 assists throughout his career. Matthew, meanwhile, was working as a high school coach after playing professionally in the ECHL and the American Hockey League.

–Field Level Media