SYRACUSE, N.Y. -- A judge has decided to keep murder charges in tact, against Anthony Saccone.

He is the man accused of driving-drunk and killing three people in a deadly hit-and-run crash, in February.

The defense was attempting to push to have the charges dropped in court Tuesday. But after hearing from both prosecutors and the defense, the judge decided those three murder charges will stand.

The family of Michael Walker, one of the victims cheered as they heard the news in court. They say while it won't bring him back, this is a step toward justice.

Saccone's attorney had filed a motion to have charges of "depraved indifference murder" dropped, claiming the charge is not supported by the evidence.

However, Onondaga County District Attorney William Fitzpatrick stood by the depraved indifference murder theory.

Legal experts say depraved indifference is when a person is aware of a circumstance and disregards it completely.

With the judge denying that motion, Saccone will face three murder charges, as well as aggravated vehicular homicide if the case goes to trial.

This all stems back to the crash in February, where Saccone is accused of driving 86 miles per hour in a 35 mile per hour zone and going through a red light, killing 18-year-old Michael Walker, 19-year-old Baylie Rose and 20-year-old Samra Osmanovic.

Saccone was driving while allegedly under the influence of alcohol and drugs at the time.

He is out on bail and has caused a bit of controversy on social media, posting a picture of him drinking over the holiday weekend, which was addressed in court.

The judge said Saccone can no longer engage in public intoxication.

It's something that hits close to home for Michael Walker's family.

"I feel like every time we see it, it's a slap in our face.  Like he's throwing it in our face what he did to our loved ones.  And he's still walking around here free, like he feels like he's untouchable,” said Somya Worley, one of the victim’s aunts.

The judge also ordered Saccone to be drug and alcohol tested every 30 days. The next set of motions will take place July 20.