A grand jury indicted the man accused of crashing into a parked vehicle while drunk and killing the sleeping child inside for aggravated manslaughter.
Edward Johnston, 25, was charged four months after the early morning crash July 23.
It was about 3:25 a.m. when Johnston came around the curve hitting a high of 107 mph with a blood-alcohol level of .122, before plowing into the vehicle, trapping the boy inside, according to the charges.
The judge order him on the highest level of oversight, banned him from driving and ordered him to attend Alcoholics Anonymous or Narcotics Anonymous meetings as conditions of his release.
The boy's family led a protest outside the courthouse while the appeal was pending.
At a detention hearing, his attorney said Johnston had been up for almost 24 hours, and called it a “tragic accident.”
But the state claims that time was spent drinking at various locations.
Johnston, whose address has been listed as both Egg Harbor City and Galloway Township, remains free as his case continues through the courts.
