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Mallard pleads not guilty to murder - smoked pot, took ecstasy and drank heavily before hit and run
The Dallas Morning News ^ | June 23, 2003 | From Staff and Wire Reports

Posted on 06/23/2003 2:51:13 PM PDT by MeekOneGOP

Mallard pleads not guilty to murder

06/23/2003

From Staff and Wire Reports

FORT WORTH, Texas - A former nurse's aide smoked pot, took ecstasy and drank heavily in the hours before she hit a homeless man and drove home while he was lodged in her windshield, prosecutors and defense attorneys told jurors as her murder trial began Monday.

Chante Jawan Mallard, 27, faces life in prison if convicted. She pleaded guilty to a lesser charge, tampering with evidence, before attorneys began their opening statements on the murder charge.

Although she had taken drugs, Mallard could have stopped at a nearby fire or police station or called an ambulance after she hit Gregory Biggs on a highway in the early hours of Oct. 26, 2001, prosecutor Christy Jack said.

Chante Mallard in court
Michael Ainsworth / DMN
A sheriff's deputy escorts Chante Mallard into the courtroom on the first day of her murder trial at the 371st District Court at the Tarrant County Justice Center.

"All of a sudden -- bam -- he was just there," Mallard said in a statement to police, which Jack read to jurors.

Mallard did stop briefly to try and get Biggs off her car, but when she couldn't, she drove about a mile to her home, Jack said. Mallard then called one of her friends to pick her up, Jack said.

She and her friend then went to find Mallard's ex-boyfriend to figure out what to do next. When they couldn't find him, they went back to the house, where Mallard took the friend into the garage, Jack said. By that time, Biggs was dead, still lodged and bleeding in the jagged windshield.

The friend told Mallard to call 911, Jack said.

"Chante refused because she didn't want her parents to know what she'd done and didn't want to go to jail," Jack said.

Defense attorney Jeff Kearney said Mallard was in a drug-induced haze and had been hit in the face with flying glass when the car hit Biggs. He said she doesn't dispute what happened, but it was an accident, not murder.

She was just one exit from her home, so she kept driving with "a body entirely in her car, the head in the floorboard, legs going in directions that no one thought humanely possible. You can't imagine," Kearney said.

He said after Mallard pulled into her garage and lowered the door, she sat in the car and cried, repeatedly apologizing to Biggs, who was moaning.

When the friend arrived at the house, Mallard was hysterical and "was blabbing, 'Lord, I'm sorry. What do I do? Lord, I'm sorry. It was an accident. What do it do?"' Kearney said.

Biggs, 37, a former bricklayer who had been living in a homeless shelter, was found dead the next day, his body dumped in a park.

When pictures of Biggs' twisted, bruised and bloody body were shown Monday on a large screen in the courtroom, Mallard looked down, and some jurors grimaced or looked away. Biggs' relatives were not in the room when the photos were displayed.

Mallard's attorney said Clete Jackson, one of two men who pleaded guilty to helping dump Biggs' body, orchestrated moving Biggs to Cobb Park.

Jackson received a 10-year sentence for tampering with evidence. His cousin, Herbert Tyrone Cleveland, received nine years. As part of plea agreements, they were to testify at Mallard's trial.

Police initially said Biggs lived for several days in Mallard's garage, slowly bleeding to death from his multiple fractures and cuts.

But Tarrant County Medical Examiner Nizam Peerwani later said Biggs, whose left leg was nearly amputated, probably lived only a few hours after he was hit. He could have survived if he had received medical attention, Peerwani said.

When Biggs' body was found in the park, authorities had no leads until four months later, when a tipster said Mallard talked about the incident at a party.

The day after interviewing the tipster in February 2002, police went to Mallard's house with a search warrant.

Detective Don Owings told jurors Monday that after serving the search warrant, he saw the car in the garage with the seats missing and the windshield and rear glass broken. Officers have said they found dark stains on the passenger-side floorboard and burned car seats in her back yard.

Owings testified that 14 officers accompanied him to Mallard’s home. She was not ill-treated, he said, and she understood her rights as she was interrogated.

“She was upset. She had cried some,” he said. “But she allowed me to take the statement.”


Online at: http://www.dallasnews.com/latestnews/stories/062303dnmettrial.1fa12.html


TOPICS: Heated Discussion
KEYWORDS: addiction; chantemallard; fortworth; gregorybiggs; hitandrun; murder; texas; wodlist
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To: harpseal
If she gets off with this defense it will become the standard defense for all DWIs. "It wasn't my fault that I was driving drunk, I was drunk."
21 posted on 06/23/2003 3:11:20 PM PDT by Bubba_Leroy
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To: newgeezer
This is an alchohol problem. As drinking is so much more, so very much more intense than pot (I haven't ever done X, but I believe it is a speed high), I wouldn't even have mentioned it. A smattering of blue in a swimming pool of red.
22 posted on 06/23/2003 3:12:01 PM PDT by KCmark (I am NOT a partisan.)
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To: RonF
Sarcasm noted. But the (user-, not dealer-level) drug charges are miniscule compared to the charges for killing this guy. The drug use may well have led to this problem, or it may not (I have almost hit kids wearing dark clothing on ill-lit streets at night while completely sober), but what she'll be punished for is hitting someone and then not taking what steps she could to save his life.

I don't know the drug laws in Texas or the laws related to the licensing of nurses, but if she was in California, even those "minor" drug charges" would have cause her to permanently lose her nursing license. Even something seemingly unreleated to nursing, like shoplifting could result in permanently losing your nursing license.

Nurses are held to a higher standard than doctors in California, that's for sure.

23 posted on 06/23/2003 3:12:33 PM PDT by Tamar1973 ("He who is compassionate to the cruel, ends up being cruel to the compassionate." Chazal/Jewish sage)
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To: MeeknMing
"...it was an accident, not murder."

Hitting him might have been an accident. Letting him bleed to death on her car--deliberately--was murder. Nothing accidental about that.

24 posted on 06/23/2003 3:12:35 PM PDT by MizSterious (Support whirled peas!)
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To: MeeknMing
A former nurse's aide smoked pot, took ecstasy and drank heavily in the hours before she hit a homeless man and drove home while he was lodged in her windshield...

She pleaded not guilty? Even if running into him was an accident, leaving him to die in the garage was no accident. Being in a drug induced haze is hardly an excuse.

I guess for some people the word "responsibility" does not appear in the dictionary.

25 posted on 06/23/2003 3:12:55 PM PDT by Senator_Blutarski
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To: onevoter
You have a VERY good point! Surely the person who reported her giggling about hitting a white man at the party will be called to testify. When that happens, let's watch the usual suspects cover up!
26 posted on 06/23/2003 3:13:07 PM PDT by right wing
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To: MeeknMing
Thanks for the ping! Watched the hearing today. The Defense, imo, is extremely weak, from what I've seen thus far. But then again......what plausible defense COULD they use?
27 posted on 06/23/2003 3:14:42 PM PDT by justshe (Educate....not Denigrate !)
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To: csvset
What are the symptoms of someone under the influence of ecstasy?

I don't know the answer to that question (I've never used ecstasy), but I do know a "symptom" of someone who is about to take ecstasy: a complete lack of common sense.

28 posted on 06/23/2003 3:15:44 PM PDT by judgeandjury (The more numerous the laws, the more corrupt the state.)
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To: Arkinsaw
I wish you could have heard her attorney in his opening argument today. All about how she was just driving down the road, minding her own business when -- BLAM -- there's a body right next to her ("as close to her as I am to this court reporter"); and what had been a "quiet ride" home was now REAL noisy, what with all the wind rushing in through the broken window and all. After all, she'd just been out for a night of fun and NOW THIS!

And she KNEW what she was doing; she kept going out to the garage to tell him how SORRY she was; and she just went into her house and COLLAPSED on the floor, sobbing.

And she did make a call, but it was to a friend to come help HER.

Mind you, all this time, she left that poor man with virtually NO FATAL injuries, hanging upside down in her car, head in the floorboard, feet and legs outside the car. He bled out from injuries that could have been readily treated had she not driven by a battery of phones, open gas stations, and a fire department and POLICE DEPARTMENT for SEVEN MILES.

She should get the needle.
29 posted on 06/23/2003 3:17:09 PM PDT by Howlin
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To: MEG33
A female WAS just outside the door and could see her through the window.

And SOB is exactly right. From all I can tell, the ONLY thing this girl has done to help rectify the damage she did is CRY. Lots and lots of crying.
30 posted on 06/23/2003 3:18:16 PM PDT by Howlin
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To: yall
Well here is the thread history that I have :

06-22-2003
Windshield case: Was it murder?
(Chante Mallard Murder Trial)

Link to other pre-trial articles posted (Post #13)06-18-2003
Windshield case attracts spotlight -
Mallard trial focuses natl media, legal eye on FW courts again


03-07-2002:
Man Lives 2 Days Stuck In Broken Windshield (THIS IS UNBELIEVABLE - The woman should be SHOT!)


03-07-2002:
Police: Hit-Run Victim Lived Two Days Trapped in Windshield of Woman's Car


03-07-2002:
Texas Woman Charged With Allowing Hit-and-Run Victim to Die in Broken Windshield


03-07-2002:
Hit-and-run victim lodged in windshield for days


03-08-2002:
Woman accused of hitting man, leaving him to die on windshield
[Lawyer says case "overblown"]


03-08-2002:
Update on Man in Windshield story- Woman had sex while man was dying in garage, "A mistake" she says


03-08-2002:
Police: Hit-run victim left to die in car windshield


03-09-2002:
Windshield death suspect back in jail - Bail raised to $250,000 -
Informant Receives Death Threats


03-13-2002:
Man died in hours, doctor says -
Windshield Hit & Run Murder Charge Stands - Suspect Still in Jail


03-15-2002:
Son sues suspect in windshield fatality -
Murder Suspect Still in Jail



31 posted on 06/23/2003 3:18:56 PM PDT by MeekOneGOP (Bu-bye Dixie Chimps! / Check out my Freeper site !: http://home.attbi.com/~freeper/wsb/index.html)
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To: EggsAckley
Not that I heard them mention, but I'm sure her daddy had gotten her one. He took care of everything else.
32 posted on 06/23/2003 3:19:13 PM PDT by Howlin
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To: onevoter
"why has it been brushed under the table and cleaned up for the national news"

That's an easy one. Obviously she is a poor oppressed black woman and is therefore not responsible for her actions. The terrible, evil white man made her do it. He should have known better than to get in the way of her car. He was asking for it. < /sarcasm >

33 posted on 06/23/2003 3:19:54 PM PDT by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: MizSterious
The only thing accidental about this is that it's a damn accident she got caught.
34 posted on 06/23/2003 3:21:16 PM PDT by Howlin
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To: Howlin
For herself?
35 posted on 06/23/2003 3:21:51 PM PDT by MEG33
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To: right wing
The girl who called the police with the tip will testify.
36 posted on 06/23/2003 3:22:06 PM PDT by Howlin
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To: MEG33
Yes. Don't ever doubt that that is what all that crying is about. It's all about her.
37 posted on 06/23/2003 3:22:38 PM PDT by Howlin
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To: newgeezer
Even better: She was perfectly able to drive because as we all know, pot makes you drive better. Therefore, the pot and alcohol cancelled each other out. Of course, the ecstasy is the wildcard.
38 posted on 06/23/2003 3:23:12 PM PDT by AmishDude
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To: justshe
This IS the trial!
39 posted on 06/23/2003 3:23:13 PM PDT by Howlin
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To: Pan_Yans Wife
It is a lifesyle for many.

Subhuman.

"...Tarrant County Medical Examiner Nizam Peerwani later said Biggs, whose left leg was nearly amputated, probably lived only a few hours after he was hit. He could have survived if he had received medical attention, Peerwani said.

When Biggs' body was found in the park, authorities had no leads until four months later, when a tipster said Mallard talked about the incident at a party."

MJ, ectasy, lotsa booze.

Whatta formula for fun!
40 posted on 06/23/2003 3:25:53 PM PDT by autoresponder (. . . . SOME CAN*T HANDLE THE TRUTH . . . THE NYT ESPECIALLY!)
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