ROCKLAND —The district attorney’s office said it would seek to revoke both bail and the deferred disposition reached two years ago with a Massachusetts man, who was convicted in connection to the death of 32-year-old Kristen McKellar on Damariscotta Lake in Jefferson.

The move by the district attorney’s office comes after the man was arrested in Maine Thursday night on a charge of driving a car under the influence.

Jonathan D. Roberts, 44, of Waban, Mass. was arrested in Kennebec County by a Maine State Police trooper on suspicion of OUI. He was taken to the Kennebec County Jail in Augusta shortly before 10 p.m. Aug. 5.

He was released on $1,000 cash bail.

Assistant District Attorney Kent Murdick III said Aug. 6 he already filed motions in the Lincoln County court to revoke Roberts’ bail and his deferred disposition. Arrest warrants were issued and Roberts agreed to turn himself in to jail.

Roberts first court appearance on those motions are scheduled for Aug. 9.

Roberts pleaded guilty in 2019 to reckless operation of a watercraft. A manslaughter charge and an operating at an imprudent speed charge were dismissed as part of a deferred disposition reached between the district attorney’s office and defense.

Under terms of that agreement, if Roberts refrained from criminal conduct and completed 100 hours of community service in the next three years, the reckless operation charge would be dismissed, and he would be fined $400 for the civil offense of operating a boat at a greater than headway speed within a water safety zone.

Since the deferred disposition was still in place and runs through July 25, 2022, the state wants to sentence Roberts to the maximum sentence for the reckless operation charge.

District Attorney Natasha Irving said the office is asking the court to impose a 364-day sentence.

McKellar, a Camden resident, died Aug. 2, 2018, when she was struck by the boat operated by Roberts, while she swimming close to shore with a friend at dusk.

The plea agreement was sharply criticized by the victim’s family.

“This is the legal equivalent of a shrug of the shoulders,” McKellar’s sister, Alison McKellar, said after the sentencing hearing. “This felt like the ‘Twilight Zone.'”

District Attorney Irving said, at the time of sentencing in 2019,  the state would have had significant problems proving manslaughter.

The Maine Warden Service investigated the case. The Warden Service determined the speed could have been as low as 17 miles per hour. No alcohol was involved in the incident.

The Warden Service found the flipper, being waved by McKellar to alert the boat before she was struck, 420 feet from shore, indicating the woman could have been more than 200 feet from shore. That distance is important because of the different requirements for operating a boat closer to shore.

Kristen McKellar