Judges uphold release of EHC man in crash that killed sleeping boy

An Egg Harbor City man accused in a fatal Absecon crash will get to fight the charges out of jail.

An appellate panel upheld the release of Edward Johnston, who was allegedly drunk and speeding when he struck a car with Javier Velez asleep inside.

The 8-year-old had just finished fishing with his father and younger brother before daybreak July 23, when "Javi" crawled into the back seat to sleep while his father and brother packed up.

That's when Johnston allegedly came down Absecon Boulevard at 107 mph. He crashed into the vehicle without hitting his brakes, according to the allegations.

The boy was trapped inside, and had to be removed by rescue workers. He died at the scene.

Four months later, Johnston was charged with first-degree aggravated manslaughter and jailed.

At a detention hearing, his attorney said Johnston had been up for almost 24 hours, and called it a "tragic accident."

The judge received several character letters on his behalf.

The public safety assessment, used to help determine if someone is held pretrial under bail reform, showed Johnston has no criminal history. But it still recommended he be detained.

Information released during that hearing indicated that was because the presumption was for detention in such cases. The Judiciary later clarified to BreakingAC that this was not such a case, and the presumption was for release, as with most cases under bail reform.

Even under the belief the presumption was for detention, Superior Court Donna Taylor ruled that she could put conditions in place to allow for Johnston’s release, including revoking his driver's license and requiring proof that he attend Narcotics Anonymous or Alcoholics Anonymous meetings twice each week.

The state rushed to stop the release as an appeal was filed.

Judges Mary Gibbons Whipple and James Paganelli upheld Taylor's decision Friday.

"We find the trial court properly considered relevant and appropriate information in making its pretrial detention determination," the judges wrote.

"We cannot 'substitute [our] judgment unless the evidentiary ruling is 'so wide of the mark' that it constitutes 'a clear error in judgment," they wrote.

Johnston's release was expected to happen Friday night.

"This isn't fair for the victim or the victim's family," the child's mother, Kaylah Smith, told BreakingAC. "Jersey knowingly and willingly has set a child killer free. I just hope it never happens to one of these judges or lawmakers."

Smith and her family led a protest outside the courthouse after the appeal was filed, hoping to garner the panels' attention and have Johnston's released denied.