A judge ruled the man seen punching a biker on the busy summer streets of Belmar last month to be released from county jail as he waits for trial.  

The Belmar man charged with punching a bicyclist in the face and breaking his jaw last month was in court Wednesday.   

Anthony Alvear, 37, is facing aggravated assault charges from the Aug. 22 incident. 

A judge decided to release Alvear from the Monmouth County Correctional Institution as he waits for trial.   

A neighbor's doorbell video captured the moment police say Alvear confronted the 70-year-old victim on D Street. The video then appears to show Alvear speed off from the scene.   

Judge Henry Butehorn listened as assistant prosecutor Olivia Christy argued Alvear should remain in jail because the state believes he is a threat to the community.

However, defense attorney Michael Wicke said police never asked what words were exchanged between the victim and Alvear, and that the charge should be simple assault and not second-degree aggravated assault.   

“He placed his car into reverse and turned down the same street in order to follow the victim, an older male and his wife who had continued on their way, before stopping his car in the middle of the road, and screaming at the victim prior to sucker punching him with such force the victim needed to have surgery to fix his broken jaw,” said Christy.  

“The fact that the state and police had no interest in what they said that spurred this disagreement boggles the mind because there are times the law recognizes that words can provoke,” said Wicke.  

Judge Henry Butehorn ruled in favor of the defense, releasing Alvear from custody because of his clean adult arrest record and recommendation guidelines.

"Nothing to indicate the defendant would not comply with them therefore doesn’t have that firm conviction to clearly convince that the state has met its burden to establish the basis for pretrial detention in this case therefore the court is going to deny the state’s motion and will release Mr. Alvear," said Judge Butehorn.

The judge ruled Alvear to be released on a Level 2 monitoring, reporting to the court every other week, and having no contact with the victim. His next court date is scheduled for next month.