Posted on 03/09/2002 2:34:29 AM PST by MeekOneGOP
Windshield death suspect back in jail
Bail raised to $250,000; FW woman taken into custody for third time
03/09/2002
FORT WORTH - A woman accused of hitting a man with her car and leaving him to die, entangled in her windshield, returned to jail Friday when a judge raised her bail from $10,000 to $250,000.
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Even if the bail is met, Ms. Mallard will spend the weekend in jail. Probation officers in charge of monitoring bond conditions cannot pick her up until Monday morning, said Lt. Mack West, jail supervisor.
Her bond conditions, which 371st District Judge James Wilson set during a hearing, include being under house arrest at her parents' Fort Worth home, wearing an electronic monitor, no driving, no alcohol use, and drug testing three times a week.
LAWRENCE JENKINS / DMN |
Judge Wilson also placed a gag order on Ms. Mallard's lawyer and on prosecutors in the case. Her parents attended the hearing but declined to comment.
Ms. Mallard, a nurse's aide who was fired Thursday after the murder charge became public, sobbed in the courtroom and continually dabbed her eyes with a tissue before sheriff's deputies led her away.
During the hourlong hearing, defense attorney Mike Heiskell brought Ms. Mallard's parents and her brother, a lieutenant with the Fort Worth Fire Department, to testify about the former Girl Scout's willingness to attend future court proceedings.
"I guarantee you she's not going anywhere. She doesn't have anywhere to go and doesn't know where to go," Mr. Heiskell said, asking the judge to "look past the emotion and determine what is right and just."
But Assistant District Attorney Richard Alpert argued that the $10,000 bond Ms. Mallard posted Wednesday was insufficient and that she has an unstable work history and sought counseling only after she was charged in Mr. Biggs' death.
"It's no secret the community is outraged by her actions," Mr. Alpert said. "This defendant has friends who helped her cover up the crime."
Police said Ms. Mallard struck Mr. Biggs in October as he walked along U.S. Highway 287 near the Loop 820 split, and then drove home with him entangled in her windshield.
Although he was severely injured, Mr. Biggs, a former school bus driver and bricklayer who was homeless at the time of the accident, was not dead, police said. Ms. Mallard left him trapped in her car, which she hid in the garage of her home on the south side of Fort Worth, investigators said.
Police said that Ms. Mallard repeatedly apologized to the injured man, checking on him several times over a two- or three-day period, but that she never summoned help. After Mr. Biggs died, Ms. Mallard and at least one friend dumped his body in a nearby park, where he was found Oct. 27, police said.
A woman came to police in February, saying Ms. Mallard admitted to the crime at a party, police said. Investigators questioned Ms. Mallard and arrested her Feb. 26 on a felony charge of failure to stop and render aid.
Mrs. Mallard posted a $5,000 bond that day, but she was arrested a second time after police upgraded the charge to murder Wednesday. She was released that day after posting a $10,000 bond.
A trial date has not been set.
Police said Friday that they are continuing to investigate the case and are looking for anyone else who may have helped dump Mr. Biggs' body.
E-mail ncalaway@dallasnews.com
The media is completely out of control. She was a "former Girl Scout, a standout in her Sunday School class, an 'A' student"...pardon me; but who gives a flip? She is a COLD-BLOODED KILLER. End of story. Did any member of the media make any effort to determine whether the killers of James Byrd were former Boy Scouts or intellectual stand-outs in high school? What about the killers of the 'gay martyr', Matthew Shepard? Was one of them a former altar boy? GIVE ME A BREAK! Ms. Mallard has a date with the needle, although I would prefer she be left alone in solitary confinement with a bucket of broken glass. Maybe she'll take the hint.
If she couldnt remove the body...who did?
Yes, indeed. The more I read about this case, the more I feel a horrible suspicion that it will eventually be revealed that this sick creature left that man to die because he was white.
Yes, never deal with domestic terrorists.
The only way is if she is also charged with kidnapping, also.
The obstacle the prosecutors will face is her intent. The defense will argue that she didn't intend to hit him, she didn't do anything to restrain him, and she didn't intend for him to die. She wanted the whole problem to just go away. He'll argue that she was merely negligent in not getting aid for the victim.
I think it's a stretch to add a kidnapping charge, but the prosecution can certainly make that attempt. A prosecution for capital murder doesn't preclude the jury from finding her guilty of a lesser charge.
Yes, from a previous article, the word "giggled" was used when she told her friends she hit and killed a white man. . .
Unless some Clintonite is trying to pull strings to get her tried in a Blue Zone county..gee, maybe I figured out where Jesse Jackson's been all this time...!
Sec. 19.03. CAPITAL MURDER. (a) A person commits an offense if he commits murder as defined under Section 19.02(b)(1) and:
~ ~ (1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;
~ ~ (2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, or obstruction or retaliation;
~ ~ (3) the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration;
~ ~ (4) the person commits the murder while escaping or attempting to escape from a penal institution;
~ ~ (5) the person, while incarcerated in a penal institution, murders another:
~ ~ ~ (A) who is employed in the operation of the penal institution; or
~ ~ ~ (B) with the intent to establish, maintain, or participate in a combination or in the profits of a combination;
~ ~ (6) the person:
~ ~ ~ (A) while incarcerated for an offense under this section or Section 19.02, murders another; or
~ ~ ~ (B) while serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03, murders another;
~ ~ (7) the person murders more than one person:
~ ~ ~ (A) during the same criminal transaction; or
~ ~ ~ (B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct; or
~ ~ (8) the person murders an individual under six years of age.
~ (b) An offense under this section is a capital felony.
~ (c) If the jury or, when authorized by law, the judge does not find beyond a reasonable doubt that the defendant is guilty of an offense under this section, he may be convicted of murder or of any other lesser included offense.
I read the affidavit, the link to it was posted on another thread. The words "she giggled" are in the arrest warrant/affidavit, written by the detective. His affidavit said that those were the words the INFORMANT used when she described the manner in which this MONSTER told her story. SHE'S EVIL!!
This is guaranteed by our Constitution, something we consider rather important on this forum. Leave the attorney alone. Someone has to do it.
Bless you! Good job.
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