An Atlantic City man who was allegedly drunk when he fatally struck a swimmer this past summer was released from jail Thursday.
"Multiple bystanders were yelling at him to slow down," Assistant Prosecutor Paige Cramer told the judge.
Instead, he abruptly turned into the two women swimming near the dock, according to the charges.
One of the women was able to dive under the boat, avoiding injury.
Norma Michaels, 79, of Ventnor, was struck by a propeller and killed.
The incident was captured on the bar's video surveillance, Cramer said.
Jastrzembski appeared intoxicated, and was seen throwing multiple cans of beverages into the water, witnesses said.
His blood-alcohol level was .195, nearly 2½ times the legal limit, Cramer said.
Video surveillance from the bar capture the fatal crash.
N.J. State Police and the Coast Guard who responded described the strong odor of alcohol coming from Jastrzembski, and that his eyes were glassy. They also found multiple empty alcohol containers on the boat.
"His actions clearly demonstrate he is a serious danger," Cramer said.
But defense attorney Charles Nugent Jr. argued that his client has no criminal history and proved he is not a flight risk in the five months it has taken to charge him in the case.
Jastrzembski turned himself in the day after the charges were filed.
"He is completely remorseful," Nugent said of his client. "This has devastated his life."
Nugent pointed to at least 20 character letters that he submitted to the court on Jastrzembski's behalf the day before the detention hearing. More came in overnight, he noted.
"More people vouching for him," Nugent said. "To his good character, his honesty, his integrity."
Jastrzembski's only prior conviction was a disorderly persons simple assault from 1990, when he was 19 years old.
That was a deciding factor for the judge in releasing Jastrzembski.
Under State v. Mercedes, a defendant cannot be held under bail reform based solely upon the current charge, Judge Patricia Wild pointed out.
She agreed with the defense that the public safety assessment — used to help determine whether a defendant should be held under bail reform — likely recommended detention due to the aggravated manslaughter charge he faces.
"If a court does detain a person based only on the nature of the charges, the court is essentially overcoming the presumption of innocence," Wild said, citing State v Mercedes.
The presumption of innocence, she stressed, is a fundamental right of the judicial system.
Wild released Jastrzembski with several conditions, including no use of alcohol or recreational marijuana.
He can take anything he is prescribed, which his attorney said includes six to 10 medications for various health issues.
The judge did not revoke his driver's license, since the incident did not involve driving.
Jastrzembski is the owner of All Marine Center of Atlantic City LLC, which his attorney said employs 10 people.
He will now remain free as his case is prosecuted.
