Swan Boat Club crash trial verdict: Marshella Chidester found guilty of all charges

MONROE COUNTY, Mich. (FOX 2) - After about two hours of deliberations, jurors found Marshella Chidester of all charges stemming from the Swan Boat Club crash, including two counts of murder.

Read updates from Thursday below.

Thursday included one witness from the defense before the prosecution called rebuttal witnesses. After, both the prosecution and defense gave their closing statements, and court broke for lunch.

The prosecution rested its case Wednesday morning after calling more than two dozen people to the stand, including victims, law enforcement officers, and the medical staff that handled Marshella Chidester's blood after she was arrested for alleged drunk driving on April 20, 2024.

Her attorney, Bill Colovos, called two witnesses to the stand before the case wrapped up for the day Wednesday - a Monroe County Sheriff's Office lieutenant who previously testified and the bartender who served Chidester the morning of the crash. 

On Thursday, he called a forensic scientist to the stand to testify about Chidester's BAC results. 

Chidester was charged with numerous crimes, including murder and driving while intoxicated, after crashing into Monroe County's Swan Boat Club, killing two children and injuring more than a dozen other people.

Read a day three recap and watch Wednesday's testimony here.

2 p.m. - Deliberations begin

12:20 p.m. - Court breaks for lunch

Jurors are due back at 1:30 p.m. for instructions before deliberations begin.

Closing arguments 

12:17 p.m. - Prosecution rebuttal 

Laurain came back up after Colovos was done with closing arguments. He said the extra witnesses and evidence were presented in the rebuttal because Colovos had challenged the BAC results.

He also touched on intent, saying that there was intent when Chidester decided to keep driving after crashing into her neighbor's vehicle.

"She knew from that second she was dangerous," Laurain said.

11:42 a.m. - Defense gives closing arguments

Colovos started his closing arguments by pointing out that the prosecution gets to go first and last during closing arguments. He said this prevents him from presenting a counter-argument to anything the prosecution may say when they get the podium again. 

"It's very, very sad," he said.

Colovos then went on to address the charges brought against his client. He said that for a person to be convicted of murder, there needs to be intent. 

"Actions speak louder than words," Colovos said, noting that Chidester had no criminal record. "This person doesn't drive around committing crimes."

Colovos focused heavily on the intent argument, reiterating that Chidester did not attempt to drive through a building and kill children. 

He asked the jurors to consider how the prosecution brought up new evidence during their rebuttal. Colovos also added that buying alcohol, evidence that was presented during the rebuttal, isn't illegal.

Colovos argued that Chidester was sober when she arrived at Verna's for lunch and was sober when she left to head home, pointing to testimony from the bartender who said she didn't appear drunk and the fact that she was able to drive home without hitting anything. 

"Maybes don't convict," he said while discussing the video from inside Chidester's home that appeared to show her drinking before the crash.

Colovos went on to discuss the BAC and his concerns about how Chidester's blood sample was handled.

"Your decision is going to affect my client's life," he said before thanking the jury for spending the week in court for the trial.

11:27 a.m. - Prosecution gives closing arguments

Prosecutor Ken Laurain took the stand to review evidence with the jury, including some evidence that wasn't shown in court. Laurain said jurors would be able to review additional photos and video of an interview with Chidester in the jury room.

"The evidence shows that Zayn and Alanah Phillips died as a result of the defendant driving that day," Laurain said.

He went on to say there are two issues that have been disputed - the BAC results and Chidester's intent on that day. Laurain reviewed the testimony given about how the blood sample was taken, handled, and tested. 

He also reviewed the testimony from witnesses saying Chidester smelled like alcohol.

Laurain argued that Chidester knew she was unfit to drive the day she drove into the Swan Boat Club.

"It's about justice for these two kids," he said as he wrapped up his closing arguments.

Day 4 testimony

11:10 a.m. - Prosecution rests rebuttal

Court is taking a 10-minute break before closing arguments. 

10:55 a.m. - Video shows Chidester with wine glass, bottle inside home

The prosecution called Monroe County Sheriff's Office Det./Sgt. Jeff Hooper back to the stand next. He previously testified about searching Chidester's home after the crash, a process that included reviewing security footage from cameras at her home.

Video from a camera inside Chidester's home was shown during this time. In the video, she is seen walking small empty wine bottles from the living room to the kitchen at 10:24 a.m. and 10:45 a.m. before leaving to Verna's.

Security footage was also shown from 12:35 p.m., after Chidester returned from the bar. At 2:31 p.m., footage showed her walking to the kitchen from the living room with a wine glass in her hand. 

10:47 a.m. - Detective who found empty alcohol bottles at house testifies

Det. Kenneth Dodds, with the Monroe County Sheriff's Office, took the stand next. He helped search Chidester's home several days after the crash.

According to testimony, authorities were looking for evidence related to the alcohol Chidester bought before the crash.

"We located multiple small wine bottles in the kitchen trash can. They were all empty," he said, adding that several empty bottles of Fireball were found.

No full bottles of wine were found inside the home, Dodds said.

During cross-exam, Colovos noted that authorities do not know who drank the wine, noting that her husband was still at the home after Chidester was arrested. He then asked Dodds if he knew what, if anything, Chidester's husband drank before the home was searched. Dodds testified that he did not know.

10:40 a.m. - Deputy testifies about wine bottle found in vehicle

Monroe County Sheriff's Deputy Alec Preadmore was called next as a rebuttal witness. He works for the traffic services division, and responded to the crash.

Preadmore testified that he was one of two deputies involved in inspecting Chidester's vehicle at a towing company's storage yard after the crash. While the Event Data Recorder (EDR) module was being removed from the vehicle, an empty bottle of wine was found in the center console, Preadmore testified.

Colovos questioned if Preadmore had ever witnessed his client drinking in a vehicle. He said no. Colovos also asked if Preadmore knew if his client recycled. He answered no to that question, as well.

10:32 a.m. - Prosecution calls party store owner

The prosecution then called Anthony Kathawa, who was working at Fermi III party store in Newport the day of the crash. Before the prosecution could begin questioning him, Colovos requested a sidebar, and the court paused to address it.

When court resumed, a receipt was shown for a purchase made at 9:01 a.m. April 20, 2024, a minute after the store opened. According to Kathawa, Chidester purchased four small bottles of wine and one regular-sized bottle of wine.

During cross-examination, Kathawa said it isn't unusual for people to make purchases right when the store opens.

10:11 a.m. - Defense rests, prosecution calls MSP forensic scientist for rebuttal

Michigan State Police lab forensic scientist Tabitha Faust was called back to the stand after the defense rested. 

She testified that she didn't see any excessive amount of clotting, which indicated the sample was properly preserved, according to her testimony. She also said the blood was tested within 48 hours of being drawn, which she called "extremely fast for blood alcohol sampling."

When asked about acetone in the blood, Faust testified that acetone can occur naturally in the body when the body is in ketosis. She said pregnancy and binge drinking can naturally cause low levels of acetone in the body. 

"A small amount of acetone is perfectly acceptable and normal," she said.

According to Faust, she noticed nothing that would indicate that the blood fermented or was not properly handled. 

9:49 a.m. - Recess

Court will resume at 10:05 a.m. 

8:45 a.m. - Forensic toxicologist called to stand

Colovos' first witness was Okorie Okorocha, a forensic toxicologist who reviews data from machines after they test blood, hair, saliva, and more.

After questioning Okorocha, who lives in California, about his qualifications, the prosecution argued that they did not believe he was qualified to testify in Michigan. Judge Daniel White said he was recognized by the court as an expert, and allowed Colovos to proceed with questioning him. 

Colovos asked Okorocha about the importance of preservatives in blood. According to his testimony, the preservative keeps blood from clotting. This is important in a drunk driving case because, according to Okorocha, if blood clots, there will be a higher blood alcohol content reading. He also said the preservative also inhibits bacteria and fungi from converting blood sugars into alcohol.  According to Okorocha, the manufacturer of the test tubes used say they must be inverted eight to 11 times to mix the preservative.

Colovos continued asking Okorocha about the process followed when drawing blood. 

He went on to question Okorocha about blood fermentation - a big part of his argument that Chidester's BAC isn't accurate. According to testimony, if blood ferments, BAC could "go up significantly." He went on to testify that the chance of fermentation is "far more likely" when a blood tube is not mixed properly.

On Wednesday, a Michigan State Police lab forensic scientist, Tabitha Faust, testified about a trace amount of acetone found in Chidester's blood sample. She testified that the amount was too small to report.

Colovos asked Okorocha about this. He testified that acetone would be present if fermentation occurred - a sign the blood began fermenting or the machine used to test it was contaminated. Okorocha said this would make the BAC results inaccurate. 

"Normal human blood wouldn't have acetone and isopropenyl," Okorocha said.

When the prosecution cross-examined Okorocha, he was asked if acetone ever occurs naturally in the body. He said if it does, he is unaware of it happening because it is very toxic and needs to be removed from the body quickly. 

The prosecution also asked Okorocha if he had tested the blood to see if it continued to ferment. He said no. 

Before questioning Okorocha further, the prosecution provided him with a copy of the Michigan State Police instruction form for drawing blood from the blood draw kit, and asked if he had ever seen it. He said no. The prosecution used this to argue that a tube doesn't need to be inverted eight to 11 times, since the instruction form states to invert the tube until the preservative is mixed.

The prosecution also asked Okorocha how much he was paid to testify. He said he received a $5,000 retainer. 

8:37 a.m. - Witness objection denied

The prosecution objected to Colovos' expert witness, a forensic toxicologist. Colovos had retained an expert, but at the last minute had to secure a different expert since his witness couldn't make it to Michigan to testify.

Due to the unusual circumstances, the judge said the witness could testify. 

2 kids killed in boat club crash

The backstory:

Two children, 8-year-old Alanah Phillips and 4-year-old Zayn Phillips, were killed after a vehicle barreled through the Swan Boat Club during a birthday party on April 20, 2024.

According to authorities, Chidester, 67, had a BAC of .18 when she drove her vehicle into the Berlin Township club.

Chidester was charged with two counts of second-degree murder, two counts of operating while intoxicated causing death, and four counts of operating while intoxicated causing serious injury.

After the crash, Chidester told deputies that she didn't remember it happening. When asked how she was feeling on a scale of 0-10, with zero being sober and 10 being passed out drunk, Chidester responded that she was at seven. She was also heard telling the deputy that she "wouldn't want to drive," when asked if she felt she was OK to drive.

A deputy who testified during her preliminary exam said that Chidester failed several field sobriety tests, couldn't maintain her balance, had watery, bloodshot eyes, and smelled like alcohol.

Chidester told authorities that she had drunk one glass of wine at a nearby bar early in the day, a fact Colovos said was confirmed during a search at that bar.

She also told the deputy that she had a seizure the month before the crash and was hospitalized for several days. 

Marshella Chidester's defense

What they're saying:

Colovos has maintained that the crash was a result of Chidester's medical condition, not alcohol. He has also argued that her blood sample was not properly handled and thus should not be admitted as evidence.

"It's based upon that they had faulty, when they took the blood, when they were supposed to preserve the blood, when they transported the blood, and when the blood was tested, all of it was faulty," he said.

According to Colovos, the blood was allegedly not properly preserved and stored, which can cause it to ferment.

"It wasn't preserved properly by statute, by law," he said. "We really wish it would have been done right because then it would have showed what her real blood alcohol level was."

Colovos said the basis for his request comes from evidence presented during Chidester's preliminary examination last year. According to Colovos, an officer who handled the blood sample testified that he did not shake it after adding a preservative.

"He was supposed to shake it because that preservative is what keeps it from being instead of a .02 turns into a .18. if the preservative is not shaken," Colovos said in court Friday.

Colovos filed a motion requesting not to have the BAC results presented during trial.

The other side:

The prosecution argued that any concerns about BAC should be argued at trial. Monroe County Circuit Court Judge Daniel White agreed.

After the motion to suppress the BAC was denied, Colovos requested that the issue be addressed before jurors are in the courtroom. White declined this request.

The BAC is expected to be a big part of the trial, with Colovos previously saying that he will have an expert testify about how the blood sample was handled. 

How to watch Marshella Chidester's trial

The judge is not allowing Chidester's trial to be streamed. FOX 2 will publish the video of the trial at the conclusion of each day.

More Swan Boat Club crash coverage

• Marshella Chidester's BAC is admissible in court, judge rules
• Marshella Chidester's attorney claims her BAC was 'tainted'
• Judge rules Swan Boat Club crash evidence can be used in court
• Photos show Swan Boat Club crash aftermath

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