SALEM, New Jersey (WCMH) – An attorney for the driver accused of killing a member of the Columbus Blue Jackets and his brother argued his client received an unfair plea deal due to the high-profile nature of the case.

Attorneys for Sean Higgins, 44, of Woodstown, New Jersey, filed a motion Tuesday stating Higgins received an unfair plea offer “greatly out of the range of other plea offers made in Salem County over the past few years” for other vehicular homicide cases. The defense rejected that plea deal in December. For a previous report on Higgins’ court proceedings view the video player above.

Higgins is charged in the deaths of Columbus Blue Jackets forward Johnny Gaudreau and his brother Matthew Gaudreau late last August.

That offer included a guilty plea by Higgins of two counts of aggravated manslaughter, in exchange for a recommended sentence of 15 years on both counts, of which he would have to serve at least 25 1/2 years. In addition, for leaving the scene of a fatal accident, the state would have recommended a five-year sentence to be served consecutively.

Higgins was scheduled to appear in Salem County Superior Court Tuesday for a pretrial conference leading up to a jury trial in which he faces two counts of vehicular homicide. That hearing was postponed until March 26.

Higgins, who was driving with a reported blood alcohol level of 0.087, struck the Gaudreau brothers with his vehicle as they were cycling after sunset on a road near Salem, New Jersey.

A second court filing — a motion of discovery — made by the defense on Wednesday that the defense has since withdrawn called for all blood alcohol level testing results from Higgins as well as the Gaudreau brothers. The withdrawn motion alleges that “Sean M. Higgins had a blood alcohol concentration (B.A.C.) of .087 while cyclists John Gaudreau had a B.A.C. of .129 and Matthew Gaudreau had a B.A.C. of .134.”

The brothers were in New Jersey for the wedding of their sister, Katie and were buried on Sept. 9 in Philadelphia, where Johnny’s wife, Meredith, revealed she was pregnant. Matthew’s wife also was pregnant when he was killed and has since given birth.

Higgins was remanded in September after a Salem County judge ruled he would remain in custody without bond. On Nov. 12 a pre-indictment conference took place and an extension was given to allow the sides to possibly reach a plea agreement.

Higgins was indicted on Dec. 11 after a grand jury submitted charges of two counts of reckless vehicular homicide, two counts of aggravated manslaughter, tampering with physical evidence, and leaving the scene of a fatal accident.

Prosecutors 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.