A judge ordered the grandfather released as prosecutors cited a 0.16 BAC.


A judge on Wednesday approved the release of the grandfather charged in the Barnegat Bay boat crash that killed his two young grandchildren.
During the hearing, prosecutors argued Stephen Schneider should remain detained, saying his blood alcohol level was 0.16 after the crash, twice the legal limit, and citing the level of impairment under which he allegedly operated the vessel.
The judge instead ordered Schneider to have a conditional release. As part of those conditions, Schneider is temporarily prohibited from operating a boat or motor vehicle while he completes a court-ordered assessment.
The 63-year-old is charged with two counts of death by vessel in connection with the July 19 crash that killed his 9-year-old granddaughter and 7-year-old grandson.
His attorney told the court the crash was not intentional and noted that investigators are still looking into whether the channel marker Schneider's boat struck was lighted or unlighted at the time of the crash.
The defense also said Schneider was injured in the accident.
Schneider's attorney told the judge that if released, Schneider would never operate a boat again and would never drink alcohol again.
Family support also played a role in the hearing. Defense attorneys said the children's parents submitted letters asking for Schneider's release, describing him as a loving grandfather.
Authorities say Schneider was operating a Tidewater Custom 280 when it struck an Intracoastal Waterway channel marker around 9 p.m. on July 19. His two grandchildren, who were wearing life jackets, were thrown from the boat and later died.
Schneider is charged with two counts of death by vessel, as well as operating a vessel under the influence and reckless operation of a vessel.
His next court appearance is scheduled for Sept. 15 at 11 a.m.