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

New questions are emerging in the case against Stephen Schneider, the New Jersey grandfather charged after his boat struck a channel marker in Barnegat Bay, resulting in the deaths of his two grandchildren.

The crash happened around 9 p.m. on July 19, when Schneider was operating a 30-foot Tidewater vessel in the Intracoastal Waterway. His grandchildren, 9-year-old Mya Bella Golabek and 7-year-old Sigmund “Siggy” Golabek, were thrown into the water. Authorities said both children were wearing life jackets.

NOW THE DEFENSE IS FOCUSING ON THE MARKER

During Wednesday’s detention hearing, Schneider’s attorney William Cunningham raised questions about whether the navigation light on the channel marker was functioning at the time of the crash.

That could become an important issue for the defense as investigators continue examining exactly what happened that night.

But there is already conflicting information.

A Berkeley Township councilman said shortly after the crash that Marker 39 was functioning and its lights were working that night.

So the question of whether the marker was actually illuminated may ultimately depend on additional evidence and expert analysis.

THE OTHER MAJOR ISSUE: ALCOHOL

Prosecutors allege Schneider was impaired when the crash occurred.

Court documents say Schneider told investigators he had consumed three beers over approximately two hours before taking the boat out.

Prosecutors later told the court that his blood-alcohol level was approximately 0.16, twice New Jersey’s legal limit.

Schneider was nevertheless granted conditional release Wednesday. Among the conditions, he is prohibited from operating a boat or motor vehicle while undergoing a court-ordered assessment.

LIFE JACKETS WERE WORN.

THE BOAT STILL STRUCK THE MARKER.

THE DEFENSE NOW WANTS TO KNOW WHETHER THAT MARKER WAS PROPERLY LIT.

That question does not erase the allegations concerning Schneider’s reported alcohol level, but it could become part of the defense’s effort to explain why the collision happened.

The case remains pending, and the ultimate responsibility for the crash will be determined through the legal process.