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
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Just a technicality, but . . .
If Marvin was plastered, who told us that her left leg was propped on the dashboard as she drove???
Jail and drinking and all of the above
I play music in the Hampton Roads area, and recently met a 21-year-old who was boasting about how much she had to drink that night, and how she was going to drive home anyway. She said she did it all the time, and thought it was okay.
There are plenty of people that drink way too much, then drive.
I don't know what the answer is.
If sixty years in jail doesn't sound scary, what does?
How does Ms. Marvin feel about all this now? Her life must be hell, and she is paying, and it is awful for everyone who was involved.
It would be a hell of a story if the reporter followed up with Melissa Marvin.
I agree with JenH, what happend to Michael.
Great question. Gotta agree with Russ also. Think about it, if offenders were sentenced to no less than six months for a DUI without an accident or hurting anyone on the first time, then how many repeat offenders would there be. Then if convicted of a second DUI, lock them away for five years minimum. If they cause an accident a minimum of ten years and if someone is injured a minimum twenty years. Can you imagine how much of a drop in offenders there would be? The sentences are more than just punishment for the offenders, they are for a deterrent to keep others from doing the same offense. Of course first we need to take the fun and relaxation out of the prisons. NO weight rooms, NO tv, NO radio, NO computer, NO sports, NO recreation, NO phone and bring back voluntary hard labor to give them something to do. Maybe then prison life will be so bad no one would want to do anything to have to go back
Jen H
Great question! that would be interesting to know.
Survivor
Does anyone know what became of Michael, the lone survivor of the crash?
DUI fatalities = Murder
With all of the information available about drinking and driving when someone drinks to excess and then makes the decision to get behind the wheel if they hit someone they have committed murder just as surely as if they fired a loaded gun into a crowd. Maybe the bullet hits someone and maybe it doesnt. But if it does then you are a murderer. I have worked in EMS for many years in this area and get sick of seeing slobbering drunks we pull out of wrecks after killing someone then show up in court neat and clean with family behind them only to be found guilty of involuntary manslaughter if even that. Usually they get at most 10 years. Go take a look at your loved ones and tell me they are worth only 10 years to a person that took them away from you. These people should be found guilty of murder and locked away for life.
Until we see DUI fatalities for what they are, murder, and sentence them accordingly we will always have articles like this one.
Wow
Come on people get over yourselves. It is what it is. We can not change it. The law is the law they are the ones that enforce it where they see fit. What are you going to do? Stand up in court and tell them "hey that's not fair" they certainly got the message across. As far as the crosses in the median. What is it hurting? Is it interfering with your driving? If it is a distraction then maybe you shouldn't be driving. There are much more distracting things on the road than this. Come on you have got to be kidding me. I can not believe that you people are so concerned over some crosses.
Prevention vs. punishment
The laws are more strict than they were 10 years ago; I haven't studied whether they are consistently applied. It seems to me that the goal is to keep roads safe, but the legal system doesn't prevent, it engages after violations are committed. Sending this driver to prison for 60 years certainly punishes, but everyone would prefer that this accident had never happened. What if the driver had blown a test upon leaving the second bar, voluntarily? Impairment is a tough judgment to make, but the metrics of the legal standard are easy to understand. There are willful, incorrigible drunk drivers, and there are those who might be happy to call for a ride if they knew they'd passed the allowed limit. Virginia has instituted an ignition device requirement for DUI convicts, and this is the first element that attempts to go to the heart of the matter. Too bad we can't put one on all cars.
I can't understand why anyone would have exception to memorial.
If this were my child, I would feel the same as them. If it brings the least bit of comfort to them or (better) if it stops one person from getting behind the wheel of a vehicle after drinking, then it's more than worth the effort. Four young lives were stollen by some self-centered idiot. Unfortunately our judicial system had let her off twice. Can you imagine what would have happend if the system would have enforced the law the first two times? I know people that are given repeated "chances" by the judges. The silly sentence of "go through this alcohol program or that drug program" does NOT work. They go to one meeting or go long enough to go back to court and get the charges either dropped or reduced and then they stop going. There are is no need for sticker laws, there IS need to have the laws and sentences on the books enforced by the courts. I wonder how the light on offenders judges or defence lawyers would feel if the next victim is one of their loved ones. Does the memorial put a mirror in front of you?
no problem with seeing a cross
60 years, wow I am glad the judge was able to take the correct stand! More judges should do the same, she killed four teens, took away so much from the families! I have no problem with a cross (or more)marking an accident-it makes you think and if anything to be more careful! I cant believe some people with their comments!! We need to stop drunk driving and make those who drive drunk-pay for the crime-do jail time. Stop with just a slap on the wrist!!! Maybe we can save more lives if the laws were better!
memorials
I live in KDH and those croses are a reminder to what actually happened.
Four kids died, my daughter lost her friend and I firmly believe
that corner memorial constantly reminds us of what does happen. If you are annoyed by the croses then I suggest you find somewhere else to go
or something else to gripe about.
At first
When I first heard this woman got a min of 60 years in prison, I was shocked. Then I read in this article that she was already given *TWO* get-off-scott-free chances where they reduced her DWI charges to wreckless driving. I don't buy the "alcohol problem" argument, everyone is responsible for their own actions. Yes, the bars should not have served someone who was obviously drunk. Yes, the courts should not have reduced these serious charges in the past. Ultimately, Melissa was at fault. She made the choice to drive to two seperate bars and have several drinks at each. She made the choice to get in her car and put everyone else in danger. It's about time that laws get stricter on repeat drunk drivers. My heart goes out to the Melissa's and the victims' families. This won't bring those children back, but it sends a clear message to everyone that drunk driving will not be tolerated.
Wake up People!!
Well said Mile Post 13...I totally agree with you. These could have been any of our children. We have been going to the OBX with our children for over 25 years and owned a place in Collington for half of that time and when this happened and the crosses were put out our girls started asking questions and we told them what had happened in hopes that this would stick in their minds and they would NEVER drink and drive! And obviously this has worked as two of them are now adults and frequent the OBX at least twice a year and they ALWAYS use the cab services!! Don't get me wrong...lot's of people like to go out with friends and have a good time but be responsible and take a cab...they are everywhere down there!! And if these crosses, flowers and teddy bears can serve as a reminder to at least one person then they are doing what is intended. So please, don't look at this as a reminder of death...look at it as a reminder to be responsible and a time to educate your children on how devastating it can be to drink and drive.
Heart and Soul
I have mixed emotions about this story. One and foremost, why didn't the driver learn her lesson from earlier convictions with the law regarding drinking and driving (HINT: the slap on her hand wasn't hard enough the first time). Second, we shouldn't have an opinion or judge the status of roadside memorials when it's not our loved ones that lost their souls at that location. And though roadside memorials may look "trashy"; still, it reminds the public that it could happen to them or someone they know. My heart hurts for those families that lost their young innocent teens. This tragic event could have been avoided by the one person that caused it. My 39 year old neice has a drinking problem and been charged with six or seven DUI's, served jailed time several times, lost her driverls licenses several times, judge ordered AA meetings, even lost custody of her young daughter, and all visitation rights to see her. She too, has been slapped on the hand. When will VA permanently take her licenses away before she kills someone? Just last week she received two more convictions on different days; one DUI and one drunk in public charge. Her remarks regarding her latest jail time, "It w
DRAIN THE SWAMP THEY LIVE IN....
This woman did not just find herself in a drunken stupor. Where did she manage to get served booze until she had a .28 BAC? Until they start going after these businesses who profit from the carnage, these incidents will undoubtedly continue. I'm not talking about civil court, where family members can try to reep "blood money" from the offenders. I'm talking about criminal court, where the actions of those who are truly the "enablers" and "profiteers" of the drunk drivers can be dealt with appropriately - with jail sentences!!!!
Reminder
I drive by those crosses all the time when I am down in Kill Devil hills. Ive been doing that for the past ten years and its a reminder everytime not to drink and drive. All the locals down there know what happened and how much of a shock it is. We dont have many drunk driving accidents down there. Its a reminder to everyone what happened and how to prevent more accidents from happening.
The point is missed
So many comments by so many who miss the point.
The crosses at this intersection are not there for the families. None of them live on the Outer Banks. The one family who did finally moved away, partly due to the constant reminder every time they drove by. Yet the families are so appreciative that not only do the crosses remain, but that the site is well maintained by anonymous volunteers who care.
Neither are the crosses primarily there to memorialize the dead. Their primary purpose is to cause everyone driving by to consider the cost of driving under the influence of alcohol. Dare County's court dockets are full of DUIs. The parents of these kids formed a non-profit foundation to educate young people especially, of the dangers of drinking and driving.
This is not so much about the kids who died. It's about those of us who are alive and still have choices to make every time we get behind the wheel of a car.
I'm glad the crosses are there, and hope they remain. The only ones who should feel offended by their presence are those guilty of drinking and driving. And they should be thankful they are still able to drive past them and see.
*sigh*
I feel deeply for these families. I can't say what I would do if I was put in a similar situation . . . but I hope I would remain compassionate. One woman did not cause this accident, a failed system did. Nothing changed by placing this woman in prison for the rest of her life. I don't think of her after having a drink and decided whether or not to drive (I think of myself honestly and my family). The laws that were revised after this tragedy . . . they changed something, that is something people may think about before getting behind the wheel. This one woman seems to have had an alcohol problem and was arrested and forgotten by the system. I understand that getting revenge, being proven right by the court is a great feeling, but why do we always treat the symptoms with our justice system and not the problems?
Why?
We all know what a horrific tradegy this is. I agree with the statement in this article stating that more sentences like this one would equal less crosses on the side of the road.
Sentences are already quite steep. If you want to look for improvement, you have to look at things that get no enforcement. Two big ones are talking on the phone while driving and tailgating. Of course those aren't as politically correct targets and politicians are interested in getting elected and not safety.
roadside memorials
I agree that there is no need for a roadside memorial. I particularly dislike when people attach fake flowers or stuffed animals to a roadside memorial. It doesn't take but a day of harsh weather for the whole thing to look very unkempt. We don't walk through hospital corridors tripping over crosses and fake flowers...why is it acceptable along the roadside. And as far as prophelicious having a roadside memorial in her front yard... it would drive me nuts to have to be reminded everyday I walk out of my house that someone tragically died there. I'm sure the neighbors must find it a bit much by now. Our society created the idea of cemeteries as a central place to memorialize those that have passed. Doing so in the front yard of another person's home is over the top.