Jury Delivers Verdict In Windshield Death Case

[TexasStooge]

FORT WORTH, Texas -- A Tarrant County jury has found Chante Mallard guilty of murder for hitting a homeless man on a highway and driving home and parking in her garage with his mangled body still lodged in the windshield.

The jury also found Mallard guilty of tampering with evidence. Mallard faces up to 10 years for that charge, to which she pleaded guilty to earlier this week.

Jurors deliberated less than 50 minutes in the case. Mallard, 27, faces life in prison for the murder conviction.

The sentencing phase was to start at 2 p.m. Thursday.

During closing arguments, Mallard's attorney, Jeff Kearney, told jurors that the death of Gregory Biggs, 37, was an accident, not murder.

"Find her guilty of what she's really guilty of, failure to stop and render aid," he said.

Mallard's legal team never disputed that Mallard killed Biggs in the predawn hours of Oct. 26, 2001, after a night of drinking, smoking pot and taking Ecstasy.

But they said it was her friend, Clete Deneal Jackson, who talked her into dumping Biggs' body and concealing the crime. Biggs' mutilated body was found the next day in a park.

But prosecutor Christy Jack said Mallard did "so much more than failure to render aid."

"She pulled over ... and tried to get him off her car and in that moment made a choice," Jack said. "Her choice to conceal Greg Biggs from anyone who could help him."

Another prosecutor, Richard Alpert, told jurors to use their common sense and think of Biggs when rendering their decision.

"She stole his life," he said, pointing to Mallard as she sat solemnly next to her attorney. "She stole his hope of anyone else saving his life. That's murder."

Prosecutors said Mallard could have stopped for help at a nearby fire or police station or all-night store -- or even called her brother, who is a Fort Worth firefighter with medical training.

They said Mallard, a certified nursing assistant who had worked in retirement homes, didn't check Biggs' pulse or try to stop the bleeding as he groaned and gasped.

During trial testimony this week, the medical examiners gave slightly different accounts of a Biggs' condition and how long he lived after he was hit.

Tarrant County Medical Examiner Dr. Nizam Peerwani testified for the prosecution, saying that Biggs would have been able to talk after the incident, but would have been in excruciating pain. He testified that Biggs probably died about two hours after he was hit.

Biggs' injuries would not have prevented him from moving his hands and talking, and he was not asphyxiated while lodged in the car, Peerwani said.

Biggs' right arm, right thighbone and right shinbones were broken, Peerwani testified. The lower part of his left leg was nearly amputated, and he had deep cuts in his torso.

"He was obviously in severe, excruciating pain," Peerwani said.

That testimony conflicted with the single defense witness -- Vincent Di Maio, of San Antonio, chief medical examiner for Bexar County -- who said Biggs was likely knocked unconscious after his head hit the windshield and probably didn't speak inside the car, where he likely lived for one or two hours.

"The windshield usually does not come out ... 200 pounds of pressure, head used as a battering ram out the windshield ... it's going to give you a concussion, it's going to knock you out because a windshield is designed to take such forces," Di Maio said. "He had to have been knocked out. I can't see any other way."

Di Maio, who reviewed the Tarrant County medical examiner's autopsy report, said Biggs also had problems breathing because his head was in the floorboard and his torso was lodged between the passenger seat and dashboard. He said he did not know if Biggs' legs were protruding outside the car.

The defense rested Wednesday after Di Maio's afternoon testimony.

Di Maio and Peerwani both said that despite the injuries, Biggs could have survived with medical treatment because the crash did not cause injuries to his brain or other organs.

Biggs' body was found Oct. 27, 2001, in a park. Mallard's former lover, Clete D. Jackson, and his cousin Herbert Tyrone Cleveland have pleaded guilty to tampering with evidence in connection with dumping Biggs' body.

Jackson was sentenced to 10 years; Cleveland, nine years. As part of the plea bargain, both agreed to testify at Mallard's trial, but prosecutors never called Cleveland.

Earlier this week, Mallard pleaded guilty to tampering with evidence and faces a sentence of up to 10 years on that charge.

[bfez1]

I thought she would be found guilty. She left that poor man stuck in her windshield w/out ever calling for help. She is one sick human being if you ask me. No excuse for her behavior.

[Lindaloo]

I agree (oops). She should have called the police. She should not have been drinking and driving in the first place. Had she called the police the man would have lived. I would rather be charged with DUI than murder.

I saw her crying on Court TV. Those tears were probably for her benefit and not for the fact that she hit the man and he suffered before he died. You are right!! She is sick!!

[j]

Personal responsiblity is what this is all about. Her defense of being confused and messed up from Ecstacy and booze....tough lady! You knew you were impaired, and that is no excuse.

I'm just curious...anyone even hear of this case before this week??

[TexasStooge]

I agree (oops). She should have called the police. She should not have been drinking and driving in the first place. Had she called the police the man would have lived. I would rather be charged with DUI than murder.

I saw her crying on Court TV. Those tears were probably for her benefit and not for the fact that she hit the man and he suffered before he died. You are right!! She is sick!!

I'd have to agree with you on that.

[Lindaloo]

Personal responsiblity is what this is all about. Her defense of being confused and messed up from Ecstacy and booze....tough lady! You knew you were impaired, and that is no excuse.

I'm just curious...anyone even hear of this case before this week??

Ummm j? Where do I work? lol. This one was a real shocker for me.

[TexasStooge]

If a person comes crashing through your windshield, what do you do?

Act A Fool, or Call for Help?

[Lindaloo]

Well I never used any narcotic but have drank on occasion. (NEVER drove). I would stop!!

I was just told here at work that shock, mixed with drugs/booze will make a mind ACT A FOOL.

[JetMaxx]

I'm not sure if the state is seeking the death penalty.....but IMO she deserves it..

She could have saved that man's life....instead she deliberately allowed him to suffer for two days before he died. The act of striking him with her vehicle didn't constitute a "capitol" offense -- but her actions for 48 hours afterword were as cold and merciless as any cold blooded killer in U.S. history..

And folks wonder why I never get picked to sit on a criminal trial jury. When I'm on jury duty they always interview me but for some reason the defense attorneys always choose to strike me

[mf_dolphin]

As I understand it, the maximum she faces is Life in Prison. That's a well deserved penalty IMO. There's just no excuse for what she did.

[Guest]

As the old saying goes, "An eye for any eye."

[TexasStooge]

This Just In from http://www.nbc5i.com : Mallard Testifies In Sentencing Phase Of Trial

DALLAS -- Chante Mallard took the stand during the sentencing phase of her trial Thursday.

Mallard admitted to drinking several mixed drinks of gin and orange juice, consuming a half-pill of ecstasy and smoking marijuana on the night she struck Gregory Biggs with her car.

Mallard said she had driven some friends to a nightclub, and that once there, the effects of the ecstasy had become obvious.

When asked by her attorney how she felt, Mallard said, "Real loose, not in control."

Mallard said she and her friends later left the club. Mallard said during the drive, a friend took over at the wheel, saying Mallard was unable to drive.

However, once back at the house, Mallard was left to drive home herself because her friends would be going out elsewhere, she said.

Mallard said she drove home and struck Biggs along the way.

"When I was going around the curve, I hit Mr. Biggs," Mallard said. "When I hit him, there was a real loud noise and all this glass came flying in the car."

Tears streamed down Mallard's face as she recounted the impact.

"Mr. Biggs came all the way inside of my car. He was on the floor ... like on the passenger side of my car, like under the dashboard."

Mallard said one of Biggs' legs was left protruding through the windshield.

Mallard said she pulled over for a moment to assess the situation. "I was just screaming, and I was crying," she said.

Mallard said she then got closer to examine Biggs.

"I touched his leg ... for one quick second ... and I panicked even more and just started screaming," Mallard said as she sobbed. "He moaned."

Mallard testified that she continued on home and parked her car inside her garage.

She did not call police because she was scared and she did not call her parents because they would have been "ashamed" of her, Mallard said.

Mallard also said she would have done things differently that night if she had not taken ecstasy, Mallard said.