A New Jersey man has been charged in connection with a fatal boating crash on Barnegat Bay last month that killed one passenger and injured two others, with authorities saying alcohol played a central role in the incident.
Kevin Wells, 40, of Warren, was arrested and charged with one count of reckless vessel homicide, two counts of assault by vessel while intoxicated, operating a vessel while intoxicated, and two related marine traffic charges, according to court documents and the Ocean County Prosecutor’s Office. The charges stem from a July 25 crash in which Wells’ 32-foot Boston Whaler struck a channel marker near the Tunney-Mathis Route 37 bridges off Toms River, killing 26-year-old passenger Michael T. Bereheiko and seriously injuring two other passengers.
According to an affidavit filed by a state police detective, a state trooper detained Wells after he failed field sobriety tests following the crash. The affidavit states that Wells had watery, bloodshot eyes and that witnesses alleged “all passengers of the vessel including the operator, Kevin Wells, were consuming alcoholic beverages throughout the day.” Wells’ blood-alcohol level was later measured at 0.12%, exceeding New Jersey’s legal limit of 0.08% for operating motor vehicles, as reported by the Asbury Park Press.
Investigation and boat search
State police investigators searched the boat on Aug. 4 under a court order and found 131 containers of alcohol, some opened and some unopened, in a cooler and other areas of the vessel. The haul included unopened cans of Sun Cruiser and Super Lyte mixed vodka drinks, an unopened 30-pack of Michelob Ultra beer, and two bottles of Tito’s vodka, according to the affidavit.
The affidavit details the group’s movements before the crash. Wells and his passengers — a 27-year-old man from Green Brook, a 27-year-old man from North Plainfield, and a 24-year-old woman from Berkeley Township — arrived at B2 Bistro + Bar, a waterfront establishment in Bayville, Berkeley Township, at around 8:20 m. and dined for about two hours, departing at 10:15 m. Security camera footage from the business shows Wells consuming four alcoholic beverages while there, the affidavit alleges.
After leaving the restaurant, the boat headed toward Silver Lagoon Drive in Toms River. At about 10:40 , with Wells at the wheel, the boat struck a channel marker. Wells then raced the boat to Silver Lagoon Drive, where police and EMS crews treated the victims. After everyone was treated, police observed five empty containers of alcohol and a large amount of blood in the boat, according to the affidavit. Wells was taken to a local hospital to have his blood drawn.
Court appearance and release
Wells appeared in Superior Court of Ocean County Tuesday morning, where a judge ordered his release from custody. His lawyer, Tara Breslow-Testa, said in a statement: “After evaluating Mr. Wells and considering his military service, his family support, and his ties to the community, the Court determined that he is eligible for release and will appear in court as required to address these charges.”
Under the terms of his release, Wells must not operate a vessel, drink alcohol, or have contact with his victims, according to the Ocean County Prosecutor’s Office.
Police received Wells’ blood test results on Aug. 25 and charged him three days later.
Broader context
The crash was the third fatal incident this summer on Barnegat Bay involving a collision with a channel marker allegedly caused by intoxicated boaters. In May, Jennifer L. Pearson, 59, of Barnegat, was charged with reckless vessel homicide and operating a vessel under the influence after a crash that killed her son, Gunnar Pearson, 28, off Brant Beach.