Hearing taking place on possibility of new trial in fatal Swan Boat Club crash

A woman convicted in the deadly 2024 Swan Boat Club birthday party crash in Monroe County, Michigan, has requested a hearing that could decide whether she can get a new trial. 

Marshella Chidester, 67, was found guilty in March 2025 of all charges, including second-degree murder, in connection with the deaths of 8-year-old Alanah Phillips and 4-year-old Zayn Phillips.  

Chidester was also convicted on two counts of operating while intoxicated, causing death, and five counts of operating while intoxicated, causing serious injury.   

She was sentenced in May 2025 to a term of 25 to 50 years in prison following proceedings in the Monroe County 38th Circuit Court before Judge Daniel White. 

What's happening now

Chidester participated in a motion hearing on Friday, according to 38th Circuit court records. 

Then, the proceedings known as a Ginther hearing began Monday and are continuing Tuesday.  A Ginther hearing in Michigan considers claims from a defendant over ineffective legal representation. 

Shortly after the guilty verdict, while pre-sentence investigations were taking place, Chidester switched her attorney from Bill Colovos, who handled the trial, to James Warren Amberg. Colovos said multiple times, both while he was still on the case and after being taken off it, that he expected the conviction to be appealed.    

Background on the case 

The Phillips children were among those attending a child's birthday party at the private Swan Boat Club in Berlin Township on April 20, 2024, when a vehicle smashed 25 feet into the building. The two children attended Flat Rock Community Schools.  

In addition to the two fatalities, several people were injured that day.  

The circumstances prompted an emotional reaction in Monroe County, where a community vigil was held. 

The above video originally aired on March 6, 2025.