WISCASSET — A Massachusetts man will spend 21 days in jail for violating terms of a deferred disposition reached in connection to the 2018 death of 32-year-old Kristen McKellar on Damariscotta Lake in Jefferson.

Justice Daniel Billings agreed to the resolution reached prior to the start of the Oct. 4 hearing held in the Lincoln County Superior Court in Wiscasset in the case of Jonathan D. Roberts, 44, of Waban, Mass.

The agreement creates a new deferred disposition that will run for two years.

Under terms of the new deferred disposition agreement, if Roberts refrains from criminal conduct in the next two years, a reckless operation of watercraft 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.

The 21 days is being served up front for violating the original deferred disposition.

District Attorney Natasha Irving said the Oct. 4 agreement was reached as a compromise knowing the judge would not impose the maximum 364 days in jail that she originally wanted to see imposed.

The jail term follows Roberts being arrested on the evening of Aug. 5, after driving at nearly 100 miles per hour on interstate 95 in Kennebec County, after admitting to drinking three or four beers on his way up from Massachusetts. Roberts’ blood alcohol level was tested at 0.14.

Roberts will also be prohibited from using alcohol during the deferred disposition and must undergo substance abuse counseling and cannot operate a watercraft in Maine for two years.

The 2021 OUI case remains pending in the Kennebec County court.

“This was a fair result given the issues in the case. Jonathan is taking this hit for the deferred disposition violation and that’s that. It doesn’t change the nature of the original case which was an accident, pure and simple,” Roberts’ defense attorney Walter McKee said after the Oct. 4 hearing.

Roberts pled 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.

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 criticized by the victim’s family.

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.