Michelle and Daniel Childers appeared in court last Wednesday before 56th Circuit Judge C.A. “Woody” Woodall during Circuit Court, with their laywers Tonya Fleming and Kevin Olsen.
The couple was indicted on charges of second-degree complicity to manslaughter in May 2010. They are accused of providing alcohol to their niece, 15-year-old Fawna Whaley of Clarksville, Ind., while they were vacationing near Goat Island on June 30, 2009.
The Childers told officials that Whaley was unruly when asked about the alcohol and then decided to go swimming at about 10 p.m. that night, the Fish and Wildlife Department said, adding that she was found at about 12 midnight.
In allowing Whaley to swim after getting drunk, the Childers wantonly caused her death, Trigg Commonwealth’s Attorney G.L. Ovey said last year.
Trigg County John Mark Vinson’s report states that the cause of death was drowing due to “acute alcohol intoxication,” and the toxicology report showed a blood alcohol level of 0.196 percent, more than twice the legal limit of 0.08 percent.
Second-degree manslaughter is a class C felony that carries a penalty of 5 – 10 years in prison.