WISCASSET — Three years ago, on Aug. 2, 2018, Kristen McKellar, 32, died after a boat operated by a Massachusetts man struck her in Damariscotta Lake. Jonathan Roberts, 47, subsequently plead guilty in 2019 to reckless operation of a watercraft, was required to serve 100 hours of community service, and pay a $400 fine. That was the outcome of a deferred disposition agreement after emotionally wrenching court hearings.

He was back in court Monday, Aug. 9, after speeding and OUI charges were levied against him Aug. 5, 2021 by Maine State Police on I95 in West Gardiner.

At a Aug. 9 hearing, Assistant District Attorney Kent Murdick III asked Lincoln County Superior Court Judge to revoke bail for Roberts until his court appearance, which was set for Oct. 4.

Murdick had filed the motions in Lincoln County Superior Court Friday, Aug. 6, to hold Roberts in jail, and to revoke the 2019 deferred disposition agreement.

Those motions came on the heels of the Aug. 5 traffic stop by a State Trooper on I95. Allegedly, Roberts had been speeding at 99 mph in a 70 mph zone, and after a field sobriety test, followed by an intoxilyzer test conducted at the Augusta Police Dept the trooper reported an alleged alcohol level of .14 per 210L of breath, the affidavit said.

While Roberts had been charged in Kennebec County for the highway incident, Murdick had asked Lincoln County judge to revoke bail and the 2019 deferred disposition agreement that had been reached following the Damariscotta Lake death of Kristen McKellar.

“On July 29, 2019, Jonathan D. Roberts pleaded guilty to Negligent Operation of a Watercraft (Class D) and, pursuant to a plea agreement with the State, and approval of this Court, sentencing was deferred to July 25, 2022,” wrote Murdick, in his motion to terminate that deferment, and to impose a sentence on Roberts.

On Aug. 5, police clocked Roberts going just below the criminal speed and detached the scent of alcohol, said Murdock. Murdick said the police learned that Roberts said he had beers four hours before in Massachusetts before driving from Massachusetts to Maine, according to the affidavit filed by the state trooper.

Murdick said Roberts’ new conduct put Maine residents in danger.

In defense, Roberts’ attorney, Walter McKee, of the Augusta-based McKee Law firm, said his client had been on full bail for the past two years since the 2019 court agreement, when Roberts pleaded guilty to reckless operation of a watercraft, and the state dismissed charges of manslaughter and operating a watercraft at an imprudent speed.

That agreement, with an end date of July 2022, stipulated that if he violated the agreement, and violated any other laws, he would subsequently face a charge of reckless operation of a watercraft, which carries up to 364 days in jail and a fine between $200 and $2,000.

“He has had some struggles with alcohol as of late and actually has been in counseling for that,” said McKee. “This is not someone who fails to recognize he has an issue.”

McKee said Roberts would continue with counseling when he returns to Massachusetts, “if you allow him to be released on bail.”

McKee said Roberts had no criminal record, has a job with a defense contractor and has two teenage children.

He said Roberts surrendered himself to jail Sunday evening.

“He could have run back to Massachusetts and buried his head in the sand, but he didn’t,” said McKee.

McKee argued that Robert posed no risk, nor danger to the community.

Roberts had posted a $1,000 bail in Kennebec County last week and McKee asked for an additional bail of $1,000, plus conditions of no use and possession of alcohol, and to continue with alcohol counseling.

Murdock replied that the motion to terminate Robert’s revocation of bail was filed on Friday at Lincoln County Courthouse.

“He turned himself in at 5:30 Sunday,” he said. “I can’t state positively that he was aware of the warrant that was out there Friday, but he was able to enjoy his weekend in Maine with a warrant out.”

He argued that Roberts did pose a reasonable risk to the general public, and public safety.

“He chose to come to Maine and allegedly drive intoxicated at 99 mph on the highways,” said Murdock.

McKee said Roberts needs to get back to his job, which he will lose if he is in jail, to pay for his two teenage children.

Lincoln County Justice Daniel Billings said Aug. 9: “Despite the tragic nature of the underlying crime, and despite the troubling aspects of Mr. Roberts’ new alleged conduct, the court also has to consider the broader context of Mr. Robert’s life and track record.”

He said there was no substantial risk to the community with Roberts posting bail.

After making that decision, Murdick asked the judge to set a $5,000 cash bail, and stipulate that Roberts have an alcohol monitor, to check with local police department daily, and be subject to random searches and tests, and no use or possession of alcohol.

McKee responded: “The conditions are pretty significant. If he were local, I think it would be a lot easier to do that.”

He asked for a weekly PD check-in.

The monitor is not foolproof, he said, characterizing it as, “unnecessary and unduly burdensome.”

Justice Billings set the bail at $1,500, with conditions of no use of alcohol, and that Roberts be subject to random search and testing.

Following the hearing, Alison McKellar, who is sister to Kristen, and her family are gearing up for more emotionally exhausting court hearings.

“Watching the bail hearing this morning, it was painful to witness once again as Mr. Roberts was given the benefit of all doubt to continue and go about his life,” said Alison McKellar. “We have already been through one sentencing hearing where he was given a significantly reduced consequence, but that was supposed to be on the condition that he refrain from the type of behavior that puts Mainers at risk. August 2 was the three-year anniversary of the death of my sister and we are missing her as much as ever. I would have hoped the anniversary of this tragedy would inspire him to do something positive for others. That’s likely how Kristen would have been spending her weekend.”

Reach Editorial Director Lynda Clancy at lyndaclancy@penbaypilot.com; 207-706-6657