Swan Boat Club crash: Woman charged with homicide, drunk driving

Marshella Chidester, 66, was arraigned Tuesday on murder and drunk driving charges stemming from a crash at Swan Boat Club that killed two children and injured several other people. Her bond was set at $1.5 million.

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cheder seated next to you um today is
the time and date set for an arment
preach arment in this
matter the defendant is charged with
count one homicide second degree maximum
penalty life for any years consecutive
sentence may be imposed under MCL
76936 for each death that resulted from
oh
I resulted from the operation of a
[Music]
vehicle DNA upon arrest count two
homicide second degree same tax penalty
count three operating while intoxicated
causing
death maximum penalty 15 years and or
510,000
monary
sanction defendant may
be convicted for each Death Rising of
the same transaction May order cons
sentencing under MCR M
26936 four
operating while causing death same
penalty as count
three count five operating while
intoxicated causing Serious injury
maximum penalty up to five years and or
1,5000 monetary
sanction how does defend I’ll We Stand
mute your honor
case has been assigned to Judge Brown um
prob Clause conference there April 30th
at 9:00
a.m. Zoom with exam date of May 6 at
1:30 that will be in
person your honor the people are
requesting 1.5 million Bond at this
point along with conditions it is based
uh at least in on the fact that the as
the court has already indicated the
defendant is facing two life sentences
um that could run consecutive to uh
other offenses that are involved in this
matter um in addition to that we believe
that the likelihood of conviction is
extremely high here she uh we have ample
video evidence showing exactly what
happened during this incident and
finally judge the defendant suffers from
a very severe substance abuse issue uh
corroborated by friends and family
members members and she creates a very
high risk to the public for all those
reasons we believe that a $1.5 million
bond is in order in this particular case
um your honor again bill covus on behalf
of my client uh your honor I think the
court and the court uh has served in the
Judiciary for for many years uh and
understands and appreciates that at an
arraignment the client has not been
found
guilty uh you don’t have prejudgment
penalties what we do have here is
somebody when looking at
Bond any favorable and unfavorable facts
the favorable facts are my client is 66
years of age my client has no record
whatsoever in fact she has never even
received a traffic ticket of the 50
years of
driving she’s better than I am
in 60 years on this Earth she’s never
had any traffic involvement she’s never
had any law enforcement involvement I
think that adds a little credibility to
her side of the
table in addition she’s owned her
residence which is about 400 feet from
where this took place for 40
years she’s
retired from a position
uh and was living a peaceful life with
her husband in
retirement what the prosecutor fails to
mention to the
court is that she has a history and even
the neighbors in the news media has said
that she drives like a little old lady
when she drives you got to drive around
her that in
addition that my client has a history of
having
seizures and this history has lasted
since last November it started of a
epileptic type seizure in her legs in
fact that’s that day she was treated
for it’s not like her to
dve if I may if I may continue with all
due respect from everyone a search
warrant was
executed at the bar that was allegedly
where she was at the bar showed that she
had one glass of wine 4 hours prior to
3:00 between 11 and 12 and a bowl of
chili that was
confirmed with a search warrant of what
the receipt was in
addition that no doctor told her not to
drive
the doctor told her not to drive for a
number of months very few months and
then she could operate a
vehicle about a month prior to this
accident your honor because I want the
court I’m not doing a trial today but I
want the court to know everything in
setting the bond that this is not a
monster it’s horrible what happened
absolutely horrible I have two children
it’s absolutely horrible but some things
we don’t have control over if I have a
heart attack at my age I don’t have
control over it if I’m operating a
vehicle and to hit somebody so you’re
honor the 1.5 million in the murder
charge I don’t know where that’s coming
from but they have to prove it and
respectfully your honor we would ask for
$100,000 cash assurity
10% she can have uh the court can order
home confinement police have never been
called to her home she doesn’t even have
a speeding ticket if there’s such a
substance abuse at 66 years of age
age so we’re asking for home confinement
along with
100,0 cash assurity in addition she can
um have a alcohol monitor any violation
whatsoever Bond
Revolt but she gets medical treatment
absolutely gets medical treatment in
fact they have all the prescriptions
she’s on at the jail which are numerous
because of the paralysis she gets once
in a while in her legs and it’s all
documented and I’ll I’ll bring forward
the medical records so we’re burning
somebody at the
stake by just craziness just crazy words
being that because there’s been deaths
which is horrible absolutely horrible
but we have to go back and say how did
it happen if me bill kovis has a heart
attack on the freeway and I hit somebody
Chang an attire I can’t be liable in
today’s
society wasn’t drunk
you two different things again let me
repeat they did a search warrant and it
showed one glass of wine four hours
prior thank you judge I respond
judge
notak because sometimes you have a
seizure and your legs freezes up you’re
hon there is no indic
whatsoever and 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 uh what’s more is is based
on uh 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’s what I’m
asking the court to consider how do you
save the community from the rumors are
that she drinks in her car and parking
lot excuse me rumors hopefully they
don’t have rumors on any of the people
here today
in the in the state of Michigan if you
have a seizure your honor may I continue
yes thank you she took my two grand
babies start
reming keep getting this Interruption I
don’t know if you can mute for right now
your honor um again if it’s the safety
of the public there’s no history
whatsoever number two is she can be put
on an alcohol tether
number three is she can be put in her
home if she violates her home to go get
her mail she can be picked up and put in
without bond we’ll stipulate to that so
you know the court seen many many people
thousands of people before the court and
has seen criminal history we don’t even
have traffic ticket it’s absolutely
horrible but we’re not punishing
somebody before they’re convicted thank
you
any victims
to yes she chose to drink and those were
my grand
babies she made that choice to that and
she CH to drink and drive and she took
my grand baby from us understood your
name for the record
ma’am my name is chassie Phillips and
I’m the grandmother of the two babies
that were killed
thank
you
considered she has criminal criminal
hisory in
of one of the victims does want to
address the
we start with your name my name is
Mothers I am Mariah’s
sister he had said about getting
injections in her legs
for
something knowing
that with or without drinking you’re
still putting people in hars way because
with muscles and everything you can’t
control something why
operate a
vehicle know when you’re taking
medicine that drinking will affect
it I was there I
see my daughter my mom my sister my
nephew from the opposite side of the
family my sister’s three
children we were supposed to be planning
a birthday party for scene not a
funeral knowing you have medical
conditions you should never get behind a
wheel whether you are drinking or not
taking medications they tell you not to
drink but she’s still chose to drink she
still chose to get into that
vehicle I will never look at the month
of
April the same ever again my birthday
was a few days prior the babies were
just at my house
my niece with her Flawless curly hair
love to
dance my
nephew he always hat it my truck was
dirty I clean my truck out just for
him he love K jitsu
he loved cracked jokes Eminem was his
Idol 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 not just my family everyone else
that was in that
building my nephew and my sister are
still fighting for their lives
today I had to be the one to tell my
sister her babies were gone when they
removed her ventilator
yesterday she said how am I supposed to
live without my babies
nobody should ever have to go to a
birthday party thinking
that they’re going to
die medical history or not every
medication tells you not to
drink she knew it she shouldn’t have
done it
I had to see my deceased niece and
nephew I had to see their very last
moment
before their car was
removed I seen
it and my sister can’t decide what she
wants and then babies I can tell you
right now canot have an open
casket it’s so horrible dramatic thing I
cannot close my eyes at night without
seeing the babies and what they look
like no I’m
done and she’s a known drunk
cred she does have ch
Community
however something I’m the brother of the
father your name
please Nicholas
Phillips this
woman delber without even wor destroy my
brother’s life
was bab his little girl used to go to
his basketball
games and now that I look not going to
be able to go see her their father
because a
woman claims to have high Community ties
to her
community want to drive and hit the gas
even further when she got to that
parking lot and destroyed multiple
lights
my brother is in the hospital right now
right that his little boy comes through
and he still got to tell his son that he
lost his sister and
brother how is that right or how is that
even fair how is it even Justified
because the woman saying that she got
some type of medical issue as my sister
said you take medic medicine for years
you’re a adult you can read the
label it says do not drink and you can’t
sit here and tell me one drink that
would do that you
can’t I’m a high educated
man you can’t tell me that and there’s
no justifying what she did to my family
there’s
none this never ever be right there’s
nothing in this world
that anybody can sit here and say or she
can say it was an accident that was not
an accident I know an accient look like
that happened all the time on the
freeway if she was not drunk as people
claiming her house is three houses away
from what she did why didn’t she just go
home why didn’t she it’s right
there three houses away from where she
did that stuff that she did to my
brother’s family
three
houses why you used to go
home so you as a Defender you should
feel ashamed for even try to stick up
for only one
drink one drink don’t do that sir and it
never
will thank you your
H can I say something your name please
Rosemary
S I drove
there my three children were there and
whether you’re having a seizure or not
that was intentional you couldn’t drive
the way that those roads Bend and the
way that that you drive in there there
is no way that that woman was not
conscious in turning that vehicle she
aimed it right there right at the bar
where probably her husband should have
been sitting I don’t know what her
intentions were but I can tell you it
was in purpose and it was
unintentional you can tell we all know
it thank you I speak your honor your
name
please my name is J with um so I’m a
member of the bo club and I’ve been a
member for many years and uh I’m I’m
familiar with Marcel
and during my 10 years of being a member
of the boat club and most of the time
I’ve seen her she’s been highly
intoxicated and I’ve watched people try
to walk her out the door dozens and
dozens of
times and uh you know one of the things
that aren’t BR up here is the fact that
she hit a vehicle down the road and a
tree down the road and and uh I I
believe that uh
that it wasn’t intentional but I do
believe that it it was a a situation
where she was trying to flee and run
from what she had just done down the
road because she shouldn’t have been
driving and and everybody knew that
right everybody you’re a member of the
boat club you know this lady shouldn’t
be driving and
and I believe he was fleeing that scene
and there’s a there’s a speed bump
before you enter the parking lot to the
boat club as well as like a runoff ditch
that you got to pass over with your V
we all drive 10 miles hour through that
area because of these you know and it’s
a narrow road but I believe that she was
Bing from hitting the truck so that she
wouldn’t get caught drunk driving and
and in doing so hit the uh speed bump as
well as the little ditch that’s 30 ft
past that and loost control of her
vehicle so I don’t believe it’s
intentional but I do believe that and I
know that that she she dranks a lot and
and you know should never get behind a
wheel and and if you’re under that much
medicine as her attorney States then
even one glass of wine could potentially
you know do you like this and and not
only that is a lot of medications you
know you’re not supposed to drive on
right so you know whether it’s the
alcohol or the medication or neither
this lady should never be behind the
wheel we watched her you know take baby
steps to get out of the place because
she could barely walk
right let alone get behind a wheel and
and you know for such a frail lady to to
cause such Devastation in her car I
think that I I I I think that she
shouldn’t be freed on bond because of
this you know I believe that Decades of
her drunk driving that just caught up to
her is what I
believe and Decades of her driving under
the influence of whether it be tills or
or alcohol and uh I I would Point
towards alcohol my experience of
knowing thank you thank you your
honor all right um went over some of
the issues
that my decision setting fond
um high on that list is the fact that
she’s facing two uh life
sentences um two 15
and four five
sentences therefore
find reasonable bond to be 1.5
million with the following conditions it
will be reporting to pre-trial
services to it for examination
arraignment trial sentence and any time
uh directed by any court if I any
judgment issued by any
Court do not leave state of Michigan
without permission of the Court do not
commit any crime allowed on bond
immediately notify the court and writing
of any change of address or telephone
number no use of alcohol or any illegal
Controlled Substances submit to
substance abuse testing and monitoring
including scram tether and GPS tether do
not purchase or possessed firearm or
other dangerous
weapon forfeit any passport
and not oper a
motoric thank you judge um the 1.5
million will they be cash shity or 10%
cash 10% at all um she has no history
whatsoever your honor between her and
the
sh I believe the sh typically 10% of
that
the guarante
okay all right thank you
thank thank you Jud rise please thank
you
I believe he said it at 1.5 but I don’t
know 10%
appli I think they
oh jeez I’m sorry