A decade after fatal N.C. crash, emotions remain strong

KILL DEVIL HILLS, N.C.

Melissa Marvin's dog Trixie waited in the red Mitsubishi Montero while her owner stopped around noon April 6, 1999, at a bar in Nags Head and drank two margaritas. About an hour later, Marvin drove to a bar in Kill Devil Hills and consumed three shots of 100-proof alcohol.

Around 2:50 p.m., Marvin, her left leg propped on the dashboard, weaved through traffic on U.S. 158 about 60 mph, heading to Williamsburg for a concert. At the intersection of Ocean Bay Boulevard, Marvin ran a red light and slammed into a Chevrolet Cavalier filled with five 17-year-olds.

Megan Blong, Angela McGrady and Amanda Geiger of Medford, N.J., were killed immediately. Shana Lawler, of Colington, N.C., died six days later. Michael Horner, also from Medford, was critically injured.

"It seems like 10 years was a lifetime ago," said Erin Lawler, Shana's oldest sister. "In the same breath, it's like 10 minutes ago."

The Lawlers had moved from New Jersey to the Outer Banks in August 1998, she said, and the four friends were visiting Shana.

Lawler, today an addictions counselor in Tabernacle, N.J., said no family members - her parents now live in Virginia - were able to attend a brief service Monday at the location of the crash, where four crosses and flowers memorialize the girls. But the hope is that their deaths have spurred awareness of the consequences of drunken driving.

"When people pass by those crosses," she said, "unfortunately, it's a daily reminder of what could happen if you don't make the right decision."

Tests 4-1/2 hours after the crash revealed that Marvin had a blood-alcohol concentration of 0.21, making her level an estimated 0.28 when she had hit the teens, nearly four times the legal limit for driving. After the wreck, witnesses said Marvin repeatedly asked about her dog, which survived.

Marvin, then a 29-year-old waitress and amateur surfer, was charged with four counts of second-degree murder and one count of assault with a deadly weapon inflicting serious injury. In a gripping trial in January 2000 that attracted national media attention, including from Court TV, evidence was presented that Marvin was arrested twice before and accused of drinking while driving, but the charges had been reduced to reckless driving.

"It was the most stressful six days of my life," said Elizabeth City attorney Michael Sanders, who represented Marvin. "From Monday to Saturday, I couldn't eat."

When Superior Court Judge Jerry Tillett sentenced Marvin to 15 years for each fatality, to be served consecutively, people were stunned when they did the math: 60 years. Tillett said he wanted to recognize the individual value of each of the lost lives.

Sanders said DWI murder cases were unusual in that part of the state but that the sentence was more unusual.

"In a vehicular case, when you didn't have a particular intent to kill anybody," he said, "I've never heard of a DWI sentence that long."

Robert Trivette, today a private attorney in Southern Shores, was one of two assistant district attorneys who prosecuted the case. He said he believes the attention the case received probably saved lives by serving as a deterrent. The case also factored in subsequent legislative improvements in prosecuting fatal DWIs.

But Trivette said the case was tragic all around, including for Marvin.

"It was the most traumatic case I ever prosecuted," he said. "It was just very emotional."

The case inflamed the community, evoking sympathy for the victims but also for Marvin. For many people who lived and worked in a resort area, serving and drinking alcohol was part of everyday life. Whispers about "there but for the grace of God go I" were heard alongside the grief expressed about the horrific loss of life.

Lawler said it's difficult to say if justice has been served by the sentence.

"Not only were the lives of four girls lost, but Melissa's mother also lost her daughter," she said. She knows, though, that its severity made an impact.

"If this was given across the board consistently, I can guarantee there would be less crosses along the highway."

Catherine Kozak, (252) 441-1711, cate.kozak@pilotonline.com