MONROE, Mich. (Michigan News Source) – In a courtroom filled with tension and heartfelt emotions, the arraignment of 66-year-old Marshella Marie Chidester, played out as charges were announced after the tragic deaths of two young children at a children’s birthday celebration.

Chidester was in court on Tuesday with her attorney Bill Colovos to hear the charges against her after she allegedly drove her vehicle through the wall of the Swan Creek Boat Club in Berlin Township.

What are the charges?

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Those charges included two counts of second-degree murder, two counts of operating under the influence of liquor causing death and four counts of operating under the influence of liquor causing serious injury. Some of the penalties include life sentences if convicted.

In addition to the deaths of 8-year-old Alanah Phillips and her 4-year-old brother Zayn, nine others were transported via ambulance or air ambulance service to local hospitals including the children’s mother and brother.

As the arraignment commenced, Chidester’s attorney, Bill Colovos, embarked on his defense, aiming to sway District Court Judge Christian Horkey to reconsider the staggering $1.5 million bond.

Attorney argues for a lower bond.

Colovos launched into a meticulous plea, stressing Chidester’s pristine record devoid of any infractions over five decades of driving. “She’s better than I am,” he remarked, highlighting her spotless driving history and peaceful retirement.

“That adds a little credibility to her side of the table,” Colovos argued, as he advocated for a lower bond and home arrest.

The courtroom was momentarily disrupted while Colovos was speaking by an impassioned outburst from the audience who said the defendant shouldn’t have been drinking.

Colovos swiftly countered, citing evidence from a search warrant of the tavern where she was allegedly visiting before the accident. The attorney referenced a receipt that indicated she had only had a single glass of wine and a bowl of chili four hours prior the incident.

A history of seizures is brought up as a defense for driver’s actions.

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Colovos also brought up Chidester’s medical condition, revealing her history of seizures, which he contended could have contributed to the crash. Saying that she’s not a monster, Colovos said “some things we don’t have control over.”

Colovos also told the judge, “We’re burning somebody at the stake by just craziness…” and he added that they needed go back and ask “how did it happen?”

Prosecutor defends high bond, says defendant is a danger to the community.

Monroe County Prosecutor Jeffrey Yorkey countered Colovos’ arguments with a stern rebuttal, adamantly asserting that Chidester posed a grave danger to the community.

In response to Colovos’ arguments, Yorkey told the judge, “There is no indication, whatsoever, in any of the evidence that we have uncovered in this case that the defendant suffered from a seizure at the time of this incident. In fact, quite the opposite. A very long investigation has occurred. There was a preliminary breath test done which indicated that her blood alcohol level was significantly over the legal limit.”

He continued, “What’s more is based on, she indicated herself that she had some seizure issues and she was on some medication and that she wasn’t supposed to be drinking but admitted that she had been drinking that day. So she is a danger to this community and that is illustrated no clearer than the two dead children that she is directly responsible for. A $1.5 million bond in this case is a gift and that is what I’m asking the court to consider.”

Yorkey also contended in court that they have “ample video evidence showing exactly what happened during this incident” and added “The defendant suffers from a very severe substance abuse issue corroborated by friends and family members and she creates a very high risk to the public.”

Member of boat club argues defendant has history of intoxication.

As tensions mounted, a witness from the community, Joshua, testified to Chidester’s history of intoxication, alleging repeated incidents at a local boat club.

Joshua said via Zoom,“I’m a member of the boat club and I’ve been a member for many years. I’m familiar with Marshella. During my ten years of being a member of the boat club, most of the time I’ve seen her, she’s been highly intoxicated and I’ve watch people try to walk her out the door dozens and dozens of times.”

Joshua also alleges that Chidester hit a vehicle and a tree down the road and was most likely fleeing from that incident in order to evade getting caught drunk driving and was probably in a situation where she lost control after hitting a speed bump and a ditch.

With emotions running high, Judge Horkey deliberated before ultimately setting Chidester’s bond at $1.5 million, citing the severity of the charges and the potential risk to the community.

Waiting for test results…

Authorities have yet to disclose any findings from a blood alcohol test and preliminary breath tests are deemed inadmissible in court due to their frequent inaccuracies.

According to the Detroit News, Mariah Dodd, the mother of the children who tragically lost their lives in the incident, is filing a lawsuit against Chidester and Verna’s Tavern, where the defendant was allegedly drinking before the incident. In the lawsuit, Dodd alleges gross negligence, asserting that the defendant crashed into Swan Boat Club during a children’s birthday party on Saturday afternoon after she left the bar.

Family speaks up in court.

Judge Horkey allowed family members of the crash victims to speak in court via Zoom and in person during the arraignment. Grandmother of the two children killed, Kathy Phillips said, “She chose to drink and those were my grandbabies. She made the choice to get in that car and she chose to drink and drive and she took those babies from us.”

The next hearing scheduled for Chidester is for April 30th for a probable cause conference in the 1st District Court in Monroe and then there is a preliminary examination on May 6th.