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Updated January 12, 2000, 5:30 p.m. ET

Testimony: waitress had five drinks before crash that killed four

           
MELISSA MARVIN TRIAL

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MANTEO, N.C. (Court TV) — Five drinks at two bars in two hours. Prosecution witnesses Wednesday painted a disturbing picture of how drunk driving suspect Melissa Marvin spent the hours leading up to a car crash that killed four teens and severely injured a fifth.

Marvin, 30, a waitress and amateur surfer who had twice previously been charged with DWI, faces four counts of second-degree murder and one count of assault with a deadly weapon for allegedly running a red light and crashing into a car carrying five 17-year-olds on spring break.

The crash on April 6, 1999 in the ocean resort community of Kill Devil Hills, claimed the lives of four high school juniors, Shana Lawler, Megan Blong, Amanda Geiger and Angela McGrady. Their friend Michael Horner was badly injured.

In the first full day of the trial, jurors heard testimony damaging to Marvin's case on several fronts. Two police officers told jurors that Marvin initially lied to them about the number of drinks she had consumed, telling investigators she had one drink when witnesses saw her drinking five. The officers also told jurors that in the hours after the accident, Marvin repeatedly demanded to know the condition of her dog, who had been riding in the car with her, but never once asked how the injured teens were faring.

Prosecutors questioned a string of witnesses to establish Marvin's actions the day of the wreck. Two bartenders, both of whom knew Marvin as an acquaintance, testified that they served her alcohol in the hours leading up to the crash, but added that she did not appear intoxicated while in their establishments.

Sean Patterson, who served Marvin two 16-ounce "grande" margaritas at the Tortugua's Lie restaurant in Kill Devil Hills, said she seemed happy and talked excitedly about going to Virginia that night to attend a dance and visit her parents.

When she left, "she was still in great spirits, a very happy mood. She didn't seem intoxicated," said Patterson.

According to the prosecution timeline, Marvin then drove half a mile to Mulligan's Oceanfront Grille where Bartender Jane Woolridge testified Marvin ordered three shots of Rumplemintz in less than an hour.

Woolridge denied that Marvin appeared drunk. But the bartender admitted she had warned Marvin against driving to her parents' home in Williamsburg, Virginia.

"It's a long drive to Williamsburg and I'd given her three drinks. She didn't exhibit any signs of intoxication, but it is a long drive," explained Woolridge.

Surf shop owner Jim Vaughn, a friend of Marvin, testified that she had visited him at work, a stop prosecutors allege occurred shortly after Marvin left the bars. The "irony" of the visit, Vaughn said, was that Marvin was planning a presentation on surfing to middle school kids and spent "most of her time talking about helping young people."

"At one point, she was kind of rambling and I stopped what I was doing and I smelled an odor of alcohol," said Vaughn, who added that he didn't notice any other signs of drunkenness.

Police Officer Wesley Livermore, who witnessed and investigated the crash, testified that Marvin refused to take a breathalyzer test, forcing officers to get a search warrant to test her blood. That test revealed a blood alcohol level of .21, nearly three times North Carolina legal limit of .08.

Defense lawyer Michael Sanders questioned Livermore and other officers about why the blood was left in an un-refrigerated vault for two day before being taken to North Carolina's State Bureau of Investigations for analysis. The officers testified that refrigeration was not mandatory under state guidelines.

Over Saunders objections, Superior Court Judge Jerry Tillett allowed jurors to get a first-hand look at the teens' mangled car. Saunders had argued that allowing the jurors to tour the vehicle was prejudicial, but the judge agreed with prosecutors that seeing the car up close provided the jurors with additional insight.

Also Wednesday morning, local fisherman Richard Howell, who was at the scene, gave emotional testimony about witnessing the crash and trying to help the victims.

"I saw the girl fly out of the trunk like she was shot out of a cannon," Howell said. He testified that he ran up to the teens' car. Prosecutors asked him what he saw.

"A tragedy," he replied, describing a gory scene of blood and mangled bodies.

"I reached into the back seat to grab the girl's hair out of her face and when I did, there was blood running out of her ears and mouth and nose," Howell said.

Marvin faces 17 years in jail for each murder count and another 3 years for the assault charge. Testimony for the prosecution's case resumes Thursday at 9:30 a.m.

—Harriet Ryan

   

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