Mallard found guilty in windshield death case - guilty of murder and tampering with evidence

The Dallas Morning News ^ | June 26, 2003 | By DAVE LEVINTHAL / The Dallas Morning News

[MeekOneGOP]

Mallard found guilty in windshield death case

06/26/2003

By DAVE LEVINTHAL / The Dallas Morning News

FORT WORTH – A Tarrant County jury took less than a hour Thursday to find nurse's aide Chante Mallard guilty of murder in the death of Gregory Biggs, the homeless man she struck with her car and left to die in her shattered windshield.

There was no audible reaction in the courtroom as the guilty verdict was returned. Ms. Mallard, 27, stood between her two defense lawyers, Jeffrey Kearney and Reagan Wynn, before being led into a holding room.

The sentencing phase of her trial will resume at 2 p.m.Thursday.

Michael Ainsworth / DMN

Chante Mallard enters court today in Fort Worth.

Ms. Mallard was accused of hitting Mr. Biggs, a former school bus driver and bricklayer, after a night of drinking and taking drugs with a friend in October 2001. The impact of her car threw Mr. Biggs through her windshield and left his body lodged there.

In a panic, Ms. Mallard drove her car to her home and left Mr. Biggs in her garage, where he bled to death, prosecutors said.

"The evidence is overwhelming," prosecutor Christy Jack told jurors during closing arguments. "She took him to her garage, and concealed him from anyone who could render aid."

But defense attorneys argued that Ms. Mallard was not guilty of murder under Texas law for her actions that night.

"If you let your decision be influenced by sympathy, by media coverage, by emotion, your verdict will be forever compromised," Mr. Kearney said. "You cannot convict her if we're going to do this right under the law."

The defense effectively conceded that Ms. Mallard was guilty of failing to render aid to Mr. Biggs. A conviction on a charge of failing to render aid could lead to jail time, but is less severe than the felony murder charge of which Ms. Mallard was convicted.

Judge James R. Wilson explained to the jury before they began deliberations that they had three choices: To acquit Ms. Mallard, to convict her of failing to render aid or to convict her of murder.

Failing to help someone, even a dying person, is not murder as defined by Texas Law, Mr. Kearney said.

He told the jury that one of Ms. Mallard's friends, Clete Jackson, took control of disposing of Mr. Biggs' body after Ms. Mallard called him in a panic. Mr. Jackson is serving prison time for his role in dumping Mr. Biggs' body in a Fort Worth park.

Lead prosecutor Richard Alpert compared that scenario to associates of Hitler arguing that Hitler's minions were responsible for his crimes.

That drew an impassioned response from the defense.

"He's comparing the defense to someone like Hitler!" Mr. Kearney shouted to Judge Wilson as he sprung from his seat. "That's a totally improper comment!"

Judge Wilson sustained Mr. Kearney's objection to Mr. Alpert's comments, but the judge denied Mr. Kearney's subsequent request for a mistrial.

The defense said that prosecutors relied heavily on the testimony Titilesse "T" Caree Fry, who was with Ms. Mallard in the hours immediately before and after she hit Mr. Biggs.

"Miss Fry is a liar, having given false testimony to a grand jury earlier in the case," Mr. Kearney said.

Mr. Alpert argued, however, that defense attorneys were simply frustrated because they were competent, aggressive lawyers with an indefensible client.

Ms. Mallard's actions alone led to Mr. Biggs' death, he said.

"She could have called Clete or she could have called her brother," a Fort Worth firefighter on duty at the time Ms. Mallard hit Mr. Biggs, Mr. Alpert said.

"If you want to dispose of the body, you call Clete," he added.

Email dlevinthal@dallasnews.com

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Online at: http://www.dallasnews.com/latestnews/stories/062603dnmetmallard.2d8f7dea.html

[MEG33]

He wants them to throw no stones.Give her a chance by golly! (just like she gave Mr. Biggs?)

[MeekOneGOP]

Yep. Kearney pleading for mercy. If I was on that jury, I'd be sayin' to myself. "Yeah, we'll show her mercy, alright - Chante Mallard Style !!"

[MeekOneGOP]

My pleasure. Richard Alpert is talkin' to the jury now.

Mallard has escaped responsibility all of her life !

THE PROSECUTORS
Richard Alpert, Christy Jack, Miles Brissette

[onyx]

I feel sorry for her parents who appeared to be decent people.

I read today that the two guys (Jackson and Cleveland) who helped her dump the body in the park received sentences of 10 years and 9 years respectively, for "obstruction of justice" and "tampering with evidence."

[onyx]

I'm off to try to wrestle the TV from a three-year-old!

[MeekOneGOP]

In the jury's hands now !!

Ladies and gentlemen, you may begin you deliberations.

THE JUDGE
James R. Wilson

[MEG33]

Good luck!

[MeekOneGOP]

LOL!

[MeekOneGOP]

Whoops!: YOUR deliberations.

[MEG33]

This is when 12 citizens have all the responsibility and the power!

[MeekOneGOP]

Yes, those two guys got lighter sentences for testifying against Mallard. One of them was on probation after being in prison. Nice to have such friends, huh ??

[oreolady]

Shall we take guesses of how long a sentence?
I predict the jury will be lenient because of her record of no other offenses, a biggie in determining punishment, although it would not be with me.
Am guessing 20 years, but then she would be eligible for parole after 10.
Also, on Fox, Liz Weil said the JUDGE CAN COMPLETELY ALTER THE SENTENCE TO HIS CHOICE!!!
Interesting, hmmm.
Any guesses as to his demeanor during this trial?

[MeekOneGOP]

Yes they do. This will take longer than the Guilty verdict, no doubt.

Every jury I've been on has always had one whiney knucklehead. In each case, the knucklehead was wrong too! I could have wrung necks those days! :O)

[oreolady]

I might add- I would give her life with no parole.
This type of horror crime is almost a flagship for future defenses blaming drug use as an excuse.
Not that we haven't had many horrible crimes, but the shocking fact of an attitude like hers of ME,ME,ME overrides any moral decisions.
Imagine that crime multiplied many times perpetrated by people that had NO MORAL UPBRINGING as she had, she had every reason, according to her upbringing to make the right decision, despite drug use!!!

[MeekOneGOP]

Just 20 years, huh ?? Well, I'd give her life, but that's just me.

But there are 12 people there, and none of 'em is me. :O)

I'd say more like 50 years to life is where they'll land.

[MEG33]

We don't have life with no parole in Texas but 40yrs is while to wait for a hearing!

[MEG33]

The CTV reporter said the jurors responded to the prosecutors closings and listened politely to the defense.

[MeekOneGOP]

Gonna get a late lunch now that the jury is contemplating. Be back shortly.

[MEG33]

OK

[fml]

I'd give her life, too. I'm gonna bet the jury comes down very hard on her.