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Judge sets $1.5 million bond for woman charged in Monroe County boat club crash

A judge on Tuesday set a $1.5 million bond for a Newport woman charged with eight crimes related to the fatal crash at the Swan Boat Club in Monroe County.

Marshella Chidester stared forward blankly in Monroe County’s district court as Raquel Smouthers, in sobs, recalled the moment she told her sister Mariah Dodds in the hospital that Dodds’ two young children were killed. 

“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?’ “ Smouthers said in comments permitted by the judge.

Chidester, 66, of Newport, is accused of driving drunk and plowing her SUV into a birthday party Saturday at the club in Newport. Chidester’s lawyer, Bill Colovos, argued that his client suffered seizures in her legs and only had one glass of wine that day. 

Dodds and three of her children were attending the party. Two of Dodds' children, 8-year-old Alanah Phillips and 4-year-old Zayn Phillips, were killed, and over a dozen other people were injured. Dodds and her 11-year-old son survived, but are still hospitalized. Both of the boy's legs and some ribs are broken and his skull is fractured.

In court, Chidester continued to look straight ahead as she sat in her striped jumpsuit and orange slippers, her right arm in a cast. She did not react when Judge Christian Horkey read the charges against her aloud: two counts of second-degree murder, two counts of operating a vehicle while intoxicated causing death and four counts of operating a vehicle while intoxicated causing serious injuries.

Monroe County Prosecutor Jeffery Yorkey asked for a $1.5 million cash bond, pointing to a history of "severe substance abuse" allegedly corroborated by friends and family of Chidester. Judge Horkey agreed to the bond.

Chidester’s arraignment on Tuesday was filled with tense moments as even more members of Dodds’ family and community members, some of whom attended the court hearing virtually on the web, interrupted Colovos, as he spoke on Chidester's behalf.  

Colovos compared the high bond to burning his client at the stake “by just craziness” and “crazy words.”

Horkey also ordered bond conditions should Chidester post bond, including alcohol testing, a tether, and she would be prohibited from drinking or driving. 

Chidester isn’t a monster, Colovos said. She lived a quiet, retired life with her husband right down the road from the club, he said.

Colovos’ theory, he argues, was that Chidester was invited to the birthday party that day and had a seizure on the way to the party. Chidester doesn’t remember what happened and “feels horrible,” he said. He noted that his client has a clean criminal record and no traffic violations. Colovos said they are waiting for tests to determine her blood alcohol levels.

Dodds’ loved ones and community members interrupted Colovos with statements, including “she was drunk.”

The children’s grandmother, Kathy Phillips, spoke as well.

“She took my grandbabies from us,” Phillips said. "She made that choice to go in that car, and she chose to drink and drive.”

The family's lives are destroyed, Smouthers said.

More: Mom of siblings killed in Monroe County boat club crash sues suspect, tavern

More: Fundraiser for Monroe County crash victims exceeds $200,000 in donations

"Nobody should ever have to go to a birthday party thinking that they're gonna die," Smouthers said, who saw her deceased niece and nephew the last moment before the car was removed.

"It's a horrible, dramatic thing. I cannot close my eyes at night without seeing the babies and what they look like," she said.

Chidester had been an officer of the boat club, acting as a commodore for the group. Her mother was a charter member of the club, according to the mother's 2006 obituary. Chidester worked at DTE as a manager at Fermi 2, according to her LinkedIn page and the Monroe News. A spokesperson for the utility said she left that job nine years ago.

Childester’s next court appearances are scheduled for a probable cause conference April 30 and a preliminary examination on May 6.

Zayne, Alanah remembered

Hurt and pain reverberated throughout Horkey’s small Monroe County courtroom. For Nicholas Phillips, the deceased children’s uncle, “there is no justifying what she did to my family,” he said in court via video, referring to Chidester.

Alanah used to watch her dad play basketball, "but now that little girl is not gonna be able to go see it.”

And the child’s father is at the hospital praying that his older son makes it through, Phillips said.

“And he’s still gotta 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?” Phillips said.

Zayn was about to turn 5.

“We were supposed to be planning a birthday party for Zayn, not a funeral,” Smouthers had said in court. Her own birthday was a few days prior and "the babies were just at my house."

Smouthers said her niece Alanah had "flawless curly hair" and loved to dance. Her nephew, Zayn hated how Smouthers' truck was always dirty, so she cleaned it just for him.

Zayn loved cracking jokes, Smouthers said. Eminem was his idol.

Lawsuit filed against Chidester, bar

On Monday, Dodds and her 11-year-old son, identified as “J.P.” filed a lawsuit against Chidester and Verna’s Tavern, where Chidester was allegedly seen drinking prior to the tragedy, according to the lawsuit.

The lawsuit accuses Chidester of gross negligence.

A witness described to the Free Press hearing a loud crash and the screams of children and adults.

"Can you imagine anything worse than that as a human being, as a parent?" said Jon Marko, one of Dodds' attorneys.

The lawsuit argues that Verna's Tavern is also liable. The bar allegedly sold Chidester alcohol while she was visibly intoxicated, according to the lawsuit, and she continued drinking until she left the bar and ultimately crashed.Verna's Tavern should have stopped selling Chidester alcohol and should have provided alternate transportation to her home, the lawsuit argues.

A spokesperson for the bar, and Chidester’s attorney, maintains she only had one glass of wine. An attorney for the bar couldn’t be reached Tuesday.

Andrea Sahouri covers criminal justice for the Detroit Free Press. She can be contacted at 313-264-0442 or [email protected] .