Monroe — A 66-year-old former commodore of a Monroe County boat club was charged Tuesday with driving drunk and killing two children and injuring 13 others, though her attorney contends she’d been having “seizures” in her legs before the crash that caused paralysis.
Marshella Chidester was arraigned Tuesday in Monroe County’s 1st District Court on 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.
Chidester, 66, is accused of crashing her vehicle Saturday afternoon through a building at the Swan Boat Club in Newport where a children’s birthday party was taking place. Two siblings were killed in the crash: 8-year-old Lana Phillips and her 5-year-old Zayn Phillips.
At her arraignment, Chidester limped into the courtroom with her right arm in a splint.
Multiple family members spoke to the Monroe County judge about their thoughts on Chidester’s bond and what Chidester allegedly did. Bond was set at $1.5 million.
“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.
Bill Colovos, Chidester’s attorney, said his client has no record and is 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.”
He said Chidester drives “like a little old lady” and has a history since November of having epileptic-type seizures in her legs that results in paralysis. She was treated for it that day, he said.
Someone on the Zoom feed interjected as the attorney was speaking and said, “she shouldn’t have been drinking.”
Monroe County Prosecutor Jeffrey Yorkey said there was no evidence Chidester had a seizure the day of the crash.
He said a “very long investigation,” including a breath test, indicated she was significantly over the legal limit. He did not say what her blood alcohol content was, but said she admitted to drinking.
Colovos told reporters after the arraignment that a search warrant of Verna’s Bar and Grill, where police said Chidester had been drinking, found that Chidester only had one glass of wine and a bowl of chili for lunch from 11 a.m. to noon Saturday. He said police were too quick to blame the bar and name them to the media when they “didn’t do anything wrong.”
He 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 said Chidester had a seizure at the wheel and said she does not remember entering the parking lot of the boat club, nor anything that happened leading up to the crash. He said she was invited to the birthday party by the person hosting it. She has been treated for seizures since November, Colovos said, and has not had any seizures since she was put on medication in November.
Raquel Smouthers, Lana and Zayn’s aunt, said even if Chidester was on medication or had medical issues, she should not have been driving. She said her niece Lana had flawless curly hair and loved to dance. Her nephew Zayn loved cracking jokes and held Eminem as his idol.
“Nobody should ever have to go to a birthday party thinking they’re going to die,” Smothers said. “They walked into that birthday party having a fun time. They were sitting at that table, eating. And this woman crashed her car through this building, destroying all of our lives.”
Yorkey requested that Monroe District Court Judge Christian Horkey set Chidester’s bond at $1.5 million, noting that friends and family told investigators she has a “very severe substance abuse issue.”
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 car 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 press conference Saturday night.
The boat club was closed Sunday, according to its website and Facebook page. “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.”
Amanda Smith is a dedicated U.S. correspondent with a passion for uncovering the stories that shape the nation. With a background in political science, she provides in-depth analysis and insightful commentary on domestic affairs, ensuring readers are well-informed about the latest developments across the United States.
