MI - Two children killed when drunk driver crashes into birthday party - April 21, 2024

A Monroe County Circuit judge ruled Monday that statements made by the woman who crashed into the Swan Boat Club in April could be used at trial after her lawyer argued she hadn't been adequately advised of her Miranda rights.

In her first encounter with police after allegedly driving drunk into a Monroe County boat club, killing two children and injuring a dozen others, Marshella Chidester said, "I passed out."

Chidester told Monroe County Sheriff’s Office Sgt. Michael Bomia April 20 that she has a history of seizures and she had wine earlier in the day before the crash...
 
MONROE COUNTY, Mich. – A judge denied the requests to throw out the blood alcohol concentration (BAC) of the woman accused of crashing her car into a boat club in 2024, killing two children.

Marshella Chidester is accused of driving under the influence and crashing her vehicle through a child’s birthday party at the Swan Boat Club in April 2024, killing two young children and injuring 11 other people...
 
A Taylor neurologist who is apparently a key witness in the trial for the ex-commodore at a Monroe County boat club who crashed into a kid's birthday party at the boat club in April 2024, killing two, is facing his own legal issues.

Dr. Ram Garg, 76, of Bloomfield Hills, is facing 35 felony counts in Wayne County Circuit Court related to alleged health care fraud and conducting a criminal enterprise...
 
Brian Phillips replays the last day he saw his 8-year-old daughter, Alanah, and 4-year-old son, Zayn, before they went to a birthday party at a Monroe County boat club with their mom.

They had been at his home that day in early April last year, and Phillips said he still feels immense guilt about whether he should've let them and their older brother go to the party...
 

1:30 p.m. - Prosecution's opening statement​

Ken Laurain, assistant prosecutor for Monroe County, described the April 2024 birthday party and the subsequent crash.

He described the events of the day and showed video of the crash, as captured by security video. This included the moment the vehicle collided with the building.

The prosecution made a distinction between legal intoxication and impaired by alcohol.

1:40 p.m. - Defense’s opening statement​

Chidester’s attorney, Bill Colovos, opened with a statement acknowledging the sadness of the case.

“What this case is about is: Was there an intent to kill someone? Was there an intent to be reckless?”

“The proofs, I believe, are going to show,” Colovos said.

Colovos said Chidester suffered from seizures and neuropathy, and when she has seizures, her feet go down.
Chidester's attorney said the evidence will show she only had one glass of wine “and she didn’t finish it.”
 

1:30 p.m. - Prosecution's opening statement​

Ken Laurain, assistant prosecutor for Monroe County, described the April 2024 birthday party and the subsequent crash.

He described the events of the day and showed video of the crash, as captured by security video. This included the moment the vehicle collided with the building.

The prosecution made a distinction between legal intoxication and impaired by alcohol.

1:40 p.m. - Defense’s opening statement​

Chidester’s attorney, Bill Colovos, opened with a statement acknowledging the sadness of the case.

“What this case is about is: Was there an intent to kill someone? Was there an intent to be reckless?”

“The proofs, I believe, are going to show,” Colovos said.

Colovos said Chidester suffered from seizures and neuropathy, and when she has seizures, her feet go down.
Chidester's attorney said the evidence will show she only had one glass of wine “and she didn’t finish it.”

One glass of wine and didn’t finish it? Her blood alcohol level was 0.18! Give me a break!
 
Why? Because she should have taken a plea? Or you don’t think there is evidence she was intoxicated?
She should have plead and spared the families the trauma of a trial. I think the evidence that she was intoxicated is pretty solid and the chances of her getting anything less than the harshest punishment(s) are slim.
 
She should have plead and spared the families the trauma of a trial. I think the evidence that she was intoxicated is pretty solid and the chances of her getting anything less than the harshest punishment(s) are slim.
Thank you for sharing, in looking back my question may have come across abrupt or rude, I was just irritated by the comment from her lawyer!
 
One glass of wine and didn’t finish it? Her blood alcohol level was 0.18! Give me a break!
I want to know how many glasses of wine (or other alcoholic beverages) MC consumed during the hours after she left the tavern at lunchtime and the time of the incident at the boat club. She didn't get so drunk on just one glass of wine - whether she finished or not.
 
Last edited:
"The prosecution asked Schmidt about his background and training with OWI investigations. Schmidt said he had done numerous OWI tests over the course of his career - as many as 50 or more.

At the questioning of the prosecution, Schmidt described sobriety testing and what it entails, including what officers are taught to look for in a test that might indicate intoxication.

Schmidt then described his interactions with Chidester. He said he spoke to her and asked her "basic questions" and looked for visual cues of intoxication.

Schmidt claimed he could smell alcohol on Chidester, and said she had "bloodshot, watery eyes" and said that as she left the vehicle, she was unable to maintain balance. He said he was also told at the scene that Chidester had neuropathy, which Schmidt said Chidester self-reported.

[...]

Schmidt said he conducted a sobriety test on Chidester and asked her to follow his finger with her eyes, which he said she was not able to do. Schmidt claimed Chidester stared directly at him and did not follow his finger.

Schmidt said he conducted mental sobriety tests on Chidester after she was not able to complete physical ones. He had her recite the alphabet without singing, which he said Chidester completed.

Schmidt said he then asked her to count backwards from 100 to 88, which he said she was not able to do. After referring to the results, Schmidt said Chidester counted down to 91, then back up to 100, then back down and counted into the 70s.

After these tests, Schmidt said he made the decision to arrest Chidester. "

Sounds like she was loaded out of her mind. 😮
 
"The prosecution asked Schmidt about his background and training with OWI investigations. Schmidt said he had done numerous OWI tests over the course of his career - as many as 50 or more.

At the questioning of the prosecution, Schmidt described sobriety testing and what it entails, including what officers are taught to look for in a test that might indicate intoxication.

Schmidt then described his interactions with Chidester. He said he spoke to her and asked her "basic questions" and looked for visual cues of intoxication.

Schmidt claimed he could smell alcohol on Chidester, and said she had "bloodshot, watery eyes" and said that as she left the vehicle, she was unable to maintain balance. He said he was also told at the scene that Chidester had neuropathy, which Schmidt said Chidester self-reported.

[...]

Schmidt said he conducted a sobriety test on Chidester and asked her to follow his finger with her eyes, which he said she was not able to do. Schmidt claimed Chidester stared directly at him and did not follow his finger.

Schmidt said he conducted mental sobriety tests on Chidester after she was not able to complete physical ones. He had her recite the alphabet without singing, which he said Chidester completed.

Schmidt said he then asked her to count backwards from 100 to 88, which he said she was not able to do. After referring to the results, Schmidt said Chidester counted down to 91, then back up to 100, then back down and counted into the 70s.

After these tests, Schmidt said he made the decision to arrest Chidester. "

Sounds like she was loaded out of her mind. 😮

Photo of the crime scene:
1741137238975.png


From the article:
When the vehicle struck the building, the EDR recorded that the breaking system was not engaged and the accelerator pedal percentage was 96%, which means "the pedal's to the floor," Quinn said.
The vehicle went from 29.4 mph to 44.3 mph between 5 seconds before the crash and at the time of impact, according to the report.


That is nuts, to be going that fast on a curved road in what's basically a parking lot.

(As a side note, shouldn't the reporter covering this know the difference between 'breaking' and 'braking'?)
 
Monroe — Prosecutors wrapped up their case Wednesday against the former commodore of a Monroe County boat club who struck the side of the club during a 3-year-old's birthday party, killing two children and injuring a dozen others.

Marshella Chidester, 67, is charged with second-degree murder charges in the deaths of Zayn Phillips, 4, and his sister, Alanah Phillips, 8. She also is charged with two counts of operating under the influence of alcohol causing death and four counts of operating under the influence of alcohol causing serious injury.

Prosecutors called 27 witnesses to testify against Chidester, who they say had a 0.18 blood alcohol content at the time of the crash. Witnesses Tuesday testified she was going 44 mph when she hit the side of the Swan Boat Club, just moments after she had struck a tree and her neighbor's truck...
 

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