KIDS WERE WEARING LIFE VESTS — DEFENSE QUESTIONS WHETHER BAY MARKER WAS PROPERLY LIT

New details from the case involving the July 19 Barnegat Bay boat crash are putting the channel marker struck by Stephen Schneider’s boat under renewed scrutiny.

According to court documents, 9-year-old Mya Golabek and 7-year-old Sigmund “Siggy” Golabek were wearing life jackets when the boat struck the marker and they were thrown into the water. Both children were later recovered unresponsive.

THE DEFENSE IS NOW QUESTIONING THE MARKER

During Wednesday’s detention hearing, defense attorney William Cunningham argued that it remained unclear whether the light on the channel marker was working properly.

The defense is expected to investigate the marker and its visibility as it builds its case.

If the defense can establish that the navigation aid was not properly illuminated, it could become an important part of its argument about the circumstances surrounding the collision.

BUT THERE IS A KEY DISPUTE.

A local official previously said that Channel Marker 39 was functioning and its lights were working on the night of the crash.

That means the lighting issue remains a contested question, not an established explanation for the crash.

At the same time, prosecutors have presented evidence alleging that Schneider was operating the boat while impaired by alcohol. Court records cited by local media say his blood alcohol concentration was 0.16%, while he reportedly told investigators he had consumed three beers before the crash.

Schneider has been charged with two counts of reckless vessel homicide, along with operating a vessel under the influence and reckless operation.

He was released following Wednesday’s detention hearing while the case moves forward.

WERE THE CHILDREN PROPERLY PROTECTED?

WAS THE CHANNEL MARKER CLEARLY VISIBLE?

AND HOW MUCH DID ALCOHOL AND NIGHTTIME CONDITIONS CONTRIBUTE TO THE CRASH?

Those questions could become central as prosecutors and the defense present competing versions of what happened on Barnegat Bay.

For now, the allegation that the marker was unlit remains a defense position that still needs to be established by evidence.