(WWJ) Second degree murder and other charges have been filed against a 66-year-old woman accused of driving drunk and crashing into a child's birthday party in Monroe County, killing two kids.
Documents filed in Monroe District Court show Marshella Chidester of Newport is facing two counts of second degree murder, two counts of operating while intoxicated causing death, and four counts of operating while intoxicated causing serious injuries.
Chidester is a former DTE Energy executive who was once a Commodore at the Swan Boat Club in Newport, where the crash happened at around 3 p.m. on Saturday.
Monroe County Sheriff Troy Goodnough described the scene as “extremely chaotic” as the woman’s SUV went about 25 feet into the building.
The children who were killed have been identified by police as 8-year-old Alanah Phillips, and her 4-year-old brother, Zayn Phillips. In addition to the siblings who died, the sheriff’s office said nine others were taken to the hospital via ambulance or air ambulance.
Speaking at Chidester's arraignment on Tuesday, defense attorney Bill Cevollos contended that the crash happened when his client suffered a seizure behind the wheel, not because she was under the influence.
"My client has a history of having seizures, and this history... Last November it started, of an epileptic type seizure in her legs. In fact, that day she was treated for it," Cevollos said.
"A search warrant was executed at the bar that was allegedly where she was at. The bar showed that she'd had one glass of wine, four hours prior to 3 o'clock; between 11 and 12, and a bowl of chili. That was confirmed with a search warrant of what the receipt was."
Cevollos said Chidester was not under orders by her doctor not to drive, and while what happened "is absolutely horrible," his client is not a monster.
Monroe County prosecutor Jeff Yorkey, however, said the evidence shows that the defendant was drunk at the time of the crash.
"Your honor, there was no indication whatsoever in any of the evidence that we have uncovered in this case that the defendant suffered from a seizure at this time of this incident," Yorkey said. "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."
While not typically expected during an arraignment, the judge allowed family members of the victims to speak.
Raquel Smithers, an aunt of the two children who died, told the judge that Chidester should not be released on bond.
"We were supposed to be planning a birthday party for Zayn, not a funeral," Smithers said, through tears. "Knowing you have medical conditions, you should never get behind a wheel whether you are drinking or not."
"I had to be the one to tell my sister her babies were gone, when they removed her ventilator yesterday," Smithers said. "She said, 'How am I supposed to live without my babies?'"
Nicolas Phillips, the children's uncle, told the judge about what the father is going through.
"My bother is in the hospital right now, praying that his little boy comes through. And he's still gotta tell his son that he lost his sister and brother," Phillips said.
Chidester faces up to life in prison if she convicted on the murder charge.
When arguing that the defendant not be released on bond, Yorkey said he believes the likelihood of conviction is extremely high.
"We have ample video evidence showing exactly what happened during this incident," Yorkey said, in court. "And finally, judge, the defendant suffers from a very severe substance abuse issue, corroborated by friends and family members, and she creates a very high risk to the public."
Officials said two of the hospitalized victims, a 31-year-old woman and an 11-year-old boy, remained in critical condition as of Monday afternoon. Three more: an 18-year-old woman, a 16-year-old girl, and a 14-year-old boy were still in serious condition.
In addition to the nine who went to the hospital, the sheriff's office said several more people at the party sustained minor injuries.
Chidester is scheduled to return to court next Tuesday.
Meanwhile, family members of the children killed have already raised more than $200,000 through a GoFundMe page.
Stay with WWJ Newsradio 950 for the latest updates on this story.