Allegedly ‘super drunk’ driver in boat club accident had a blood alcohol level that was more than twice the legal limit

Editor’s note: The judge has adjourned the case and Marshella Chidester will stand trial on all counts.

MONROE COUNTY, MI — Several new details have come to light surrounding the woman who allegedly killed two children and injured several more while driving into the Swan Creek Boat Club in April. During a preliminary investigation Thursday, prosecutors presented several new information about Marshella Chidester’s actions before the accident and her interactions with police afterward.

Newly released information includes details on:

• Chidester’s blood alcohol content is more than twice the legal limit.
• Surveillance footage shows Chidester crashing into a parked car as she backs out of her driveway.
• Chidester told police that she had been drinking wine 30 minutes before the accident.
• When asked by a police officer if she could drive, Chidester said, “I don’t want to drive.”

Chidester, 66, is charged with several serious crimes in connection with the accident, including two counts of first-degree murder in connection with the deaths of 8-year-old Alanah Phillips and 4-year-old Zayn Phillips.

A child’s birthday party was taking place at the boat club when Chidester drove her SUV through a wall, hitting several people before finally coming to a stop about 25 feet inside the facility.

Blood test results read in court showed that Chidester had a blood alcohol level more than twice the legal limit at the time of the accident. The blood test was taken shortly after the accident and showed that Chidester’s blood alcohol level was .18, which is higher than the legal limit of .08 in Michigan. In Michigan, anyone with a blood alcohol level above .17 is considered “super drunk.”

Chidester and her attorney, Bill Colovos, claim that she suffered a seizure before the accident, which caused her to drive into the building near her home. During questioning in April, Colovos argued that his client had only had one glass of wine with lunch before the accident and that a receipt from a nearby tavern proves she ordered only one glass.

Related story: More victims of fatal boat club accident join lawsuit, several defendants named

However, body camera and surveillance camera footage shown in court Thursday, as well as testimony from police officers who responded to the incident, cast doubt on those claims. Footage from a surveillance camera across the street from Chidester’s home shows her backing out of her driveway, hitting a vehicle parked next door and then speeding away. Shortly afterward, Chidester drove into the boat club.

In the officer body camera footage, Chidester can be seen telling an officer that she had been drinking wine earlier in the day and that she had her last drink about 30 minutes before the crash. In another body camera video, Chidester can be seen talking to an officer about the events leading up to the crash.

“I pulled into the parking lot thinking I was going to the boat club, but obviously I drove right into the building,” Chidester told the officer.

When the deputy asked what happened when she got into the parking lot, Chidester replied, “I don’t remember.” When the deputy asked if there was a reason she didn’t remember, Chidester mentioned her seizures but clarified that she had been cleared to drive. Chidester also told police that she had had a seizure the month before the crash and was hospitalized because of it.

Later in the same bodycam video, the deputy had the following exchange with Chidester:

Deputy: On a scale of 0 to 10, where 0 means you are completely sober and can drive without any problems and 10 means you are completely drunk, where would you say you are right now?

Chidester: Just like before.

Deputy: Do you think you are allowed to drive a car?

Chidester: I wouldn’t want to drive.

Deputy: You wouldn’t let yourself be driven?

Children: NO.

During the morning hearing, Monroe County Sheriff’s Deputy Steven Schmidt was called to the stand and testified that he administered several sobriety tests to Chidester. Schmidt said Chidester was unable to complete several tests, but he was able to recite the alphabet.

Schmidt further testified that he could smell drugs on Chidester’s body and that she was unable to maintain her balance, while also having bloodshot and watery eyes.

Thursday’s preliminary inquest is designed to determine whether there is enough evidence to send the case to district court. The inquest was previously postponed for two months as Colovos argued he needed more time to review the findings in the case.

In addition to the murder charges, Chidester was charged with two counts of drunken driving causing death and four counts of drunken driving causing serious bodily harm.

Chidester is currently free after posting $1.5 million bail in April. Conditions of her bail include that she wear a GPS device and refrain from consuming alcohol or illegal substances.