Judge denies to throw out indictment vs. driver in Gaudreau case

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SALEM, N.J. -- The family of NHL hockey player Johnny Gaudreau and his brother Matthew listened in pain Tuesday as lawyers debated whether the men's own drinking contributed to their deaths when they were hit by an allegedly drunken and enraged driver as they cycled at night.

After nearly two hours of argument, a judge agreed the issue was moot under New Jersey criminal law -- upholding all of the charges against the driver, including manslaughter and vehicular homicide.

"There's no credence in the argument there was contributory negligence on the part of the cyclists," said Superior Court Judge Michael Silvanio.

According to the defense, the Gaudreaus had blood-alcohol…