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Driver in deadly Swan Boat Club crash to stand trial on all charges, including 2nd-degree murder

Posted at 3:57 PM, Jun 26, 2024

(WXYZ) — Marshella Chidester, the woman charged in the Swan Boat Club crash that killed two young children in Berlin Township in April, was bound over for trial on Thursday.

VIDEO: Driver in deadly Swan Boat Club crash bound over on all charges

Driver in deadly Swan Boat Club crash bound over on all charges

A judge decided there was enough evidence to bind her over for trial. She's 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.

VIDEO: "I passed out." Bodycam video shows Chidester following Swan Boat Club crash:

'I passed out.' Body cam video shows driver after Swan Boat Club crash

During the preliminary exam, the judge heard from deputies who arrived at the scene, as well as family members of the two children who died, and other victims who were injured in the crash.

VIDEO: Hear from the mother of the two children who were killed in the boat club crash:

Mother of 2 kids killed in Swan Boat Club crash testifies at preliminary exam

During the preliminary exam on Thursday, a Monroe County sheriff's deputy who performed a field sobriety test and then took Chidester to the hospital said her BAC was .18. The legal limit in Michigan is .08.

VIDEO: Swan Boat Club suspect had .18 BAC:

Swan Boat Club suspect had .18 BAC

Prosecutors also played bodycam video from two others deputies who interviewed Chidester after the crash, in which she admitted to drinking and also said she wouldn't let herself drive.

In a second bodycam video, a deputy had this interaction with her.

“On a scale of 0-10, 0 is stone cold sober, you can drive perfectly; 10 being you’re passed out drunk. Where do you think you’re at right now?” the deputy asked.

“A 7," Chidester said.

“Do you think you’re OK to drive?" he asked.

“I wouldn’t want to drive," she said.

“You wouldn’t let you drive?" he asked.

“No," she responded.

VIDEO: Watch the second bodycam footage below:

Marshella Chidester said she wouldn't let herself drive in new bodycam video

On April 20, prosecutors claim Chidester was under the influence of alcohol and drove her car into the boat club, killing two siblings, 4-year-old Zayn and 8-year-old Alanah Phillips. Over a dozen others were injured.

WATCH: Families of Swan Boat Club crash victims come together to remember the lives lost:

Families of Swan Boat Club crash victims come together to remember the lives lost

“They were sitting there about to have cake and ice cream at a birthday...they were just at a birthday party," the children's uncle Nicholas Phillips said.

“These babies haven’t even had a burial, a service yet and this lady’s drinking coffee at home," the children's other uncle Michael Hatfield said on April 26.

Zayn was remembered as a charming young man at the vigil where dozens of community members gathered and prayed, Alanah was remembered as the princess of the family.

VIDEO: Zayn and Alanah Phillips' aunt speaks at Chidester's arraignment:

Aunt of 2 kids killed in Swan Boat Club crash speaks at the arraignment of suspect

"She’s never gonna be able to go to that prom. She’s never gonna have that ball. She’s never gonna have that wedding that she deserves," Phillips said through tears.

Last month, Chidester spoke with 7 News Detroit, saying she’s disturbed by the incident, has been praying for the victims and claims it was all one big accident caused by her plethora of medical conditions.

“I just want people to know how very, very disturbed I am by the situation. I don’t remember what happened. I can only say that I’ve been praying for everyone that’s been injured,” Chidester told us at her home, which is just feet from the boat club.

WATCH: Marshella Chidester says medical emergency led up to tragedy:

Video extra: Driver in Swan Boat Club deadly crash says medical emergency led up to tragedy

“There was a preliminary breath test done, which indicated that her blood alcohol level was significantly over the legal limit,” prosecuting attorney Jeffery Yorkey said during Chidester’s arraignment.

Chidester's attorney, Bill Colovos, said that she wouldn't answer any questions about her alcohol use or what led up to her getting in her car that day because she cannot speak to things she does not remember.

Chidester posted her $1.5 million bond and remains at her home with an ankle monitor.

That is a point the families of the victims say they are heartbroken about as they continue to grieve following the tragedy.