Monroe Co. woman charged with murder in boat club crash that 'took those babies from us'

Monroe — Distraught relatives of two young siblings killed by an alleged drunken driver at a birthday party at a boat club lashed out at the suspect Tuesday in a Monroe County courtroom, accusing her of taking "those babies from us," while the woman's attorney suggested she suffered from a seizure that contributed to Saturday's crash.

Marshella Chidester, 66, showed little emotion as the aunt of the two children who were killed, Lana Phillips, 8, and Zayn Phillips, 4, addressed the court before Chidester's bond was set.

“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,” grandmother Kathy Phillips said.

Chidester, a former commodore of the Swan Boat Club in Berlin Township where the crash took place, was formally charged in Monroe's 1st District Court with two counts of second-degree murder, two counts of operating under the influence of alcohol causing death and four counts of operating under the influence of alcohol causing serious injury. She faces up to life in prison if she is convicted.

At her arraignment, Chidester limped into the courtroom with her right arm in a splint.

In an unusual move during the arraignment, District Judge Christian Horkey allowed relatives of the crash victims to address the court in person and via Zoom before setting bail at $1.5 million for Chidester. Some blared out comments via Zoom.

Bill Colovos, Chidester's attorney, said his client believes she had a seizure at the wheel Saturday and said she does not remember entering the parking lot of the boat club or anything that happened leading up to the crash. He said she was invited to the birthday party by the person hosting it.

"She was meeting her husband at the birthday party at the boat club … and all of a sudden, she said 'I blacked out, I remember nothing,'" Colovos said Tuesday evening.

Colovos said Chidester has a history of epileptic-type seizures in her legs that result in paralysis, including one last fall in which she blacked out. Chidester has since been treated for seizures, Colovos said, and has not had any since she was put on medication last year until Saturday.

Colovos said Chidester was barred by her doctor from driving for six months. The attorney said in court Tuesday that she was put on medication in November, which would have made her ineligible to drive until next month. Colovos told The Detroit News in a follow-up conversation that treatments began Oct. 1, when the original blackout episode occurred.

Colovos didn't specify a name for her condition in court but told The News Tuesday evening that Chidester was treated for neuropathy — a condition in which the peripheral nerves to the feet are damaged, according to the American Podiatric Medical Association. After the diagnosis, Chidester's doctor put her on medication and didn't allow her to drive until the end of March, Colovos said.

The biggest cause of neuropathy is diabetes, according to the APMA. Other causes include alcoholism, arthritis, heredity and advanced age, according to the medical group's website.

Monroe County Prosecutor Jeffrey Yorkey said there was no evidence Chidester had a seizure the day of the crash.

A “very long investigation,” including a breath test, indicated she was significantly over the legal limit of 0.08. He did not say what Chidester's blood alcohol content was but said she admitted to drinking. 

Yorkey requested that Horkey, the judge, set Chidester’s bond at $1.5 million, noting that friends and family told investigators she has a “very severe substance abuse issue.”

Colovos said they do not have the results back from the blood alcohol test yet, and the preliminary breath test Chidester took on the scene is not admissible in court because it's often inaccurate.

Colovos also said earlier Tuesday that Chidester had no record and was retired, living a “peaceful life.”

“In 60 years on this earth, she’s never had any traffic involvement. She’s never had any law enforcement involvement,” Colovos said. “It’s horrible what happened, absolutely horrible … but some things we don’t have control over.”

Someone on the Zoom feed interjected as the attorney was speaking in court and said, “She shouldn’t have been drinking.”

Raquel Smouthers, Lana and Zayn's aunt, also said Tuesday that even if Chidester was on medication or had medical issues, she should not have been driving.

“Nobody should ever have to go to a birthday party thinking they’re going to die,” Smouthers said.

She added that the two deceased children couldn't have an open-casket funeral because of the injuries they suffered.

"I cannot close my eyes at night without seeing them babies and what they look like," Smouthers said between sobs.

Lana and Zayn's older brother and mother were in critical condition after the crash, according to a GoFundMe set up by the children's aunt, Diane Harrington. Their mother, Mariah Dodds, filed a lawsuit Monday against Chidester and the bar police said she was drinking at before the crash.

Chidester crashed into the Swan Boat Club in the 6000 block of Brancheau in Berlin Township at about 3 p.m. Saturday, according to the Monroe County Sheriff's Office. Her vehicle landed 25 feet into the building, Monroe County Sheriff Troy Goodnough said.

“The scene was described by first responders as extremely chaotic, with high levels of emotions of those directly involved and those who witnessed this horrific incident,” Goodnough said at a Saturday night press conference.

The party was being held for a 3-year-old at the club, said Detroit attorney Jon Markos, who is representing Dodds.

The boat club was closed Sunday, according to its website and Facebook page, and is usually closed Monday and Tuesday.

"Our deepest sympathy goes out to this family and everyone else that was involved," said the boat club's post. "That family has asked us to post their go fund me to help with the funeral arrangements for the two children."

kberg@detroitnews.com