Son sues suspect in windshield fatality - Murder Suspect Still in Jail

The Fort Worth Star-Telegram ^ | March 15, 2002 | By MAX B. BAKER

[MeekOneGOP]

	Posted on Fri, Mar. 15, 2002
	Son sues suspect in windshield fatality By MAX B. BAKER Star-Telegram Staff Writer FORT WORTH - The son of a man who was hit by a car in October and then reportedly left trapped in the windshield until he died has sued the woman charged in the death. Brandon Biggs, the son of Gregory Glenn Biggs, filed suit against Chante Mallard this week in state district court in Fort Worth. The suit does not specify the amount of damages sought, said Roland Johnson, attorney for Brandon Biggs, 19, who lives with his grandparents in Albany. "He's spent his senior year finding out that his dad was murdered," Johnson said. "He had to do the last rites by himself, and now he's learning these facts based on the police investigation. "The law allows him to be compensated if somebody has wrongfully killed his dad." Mallard is in the Tarrant County Jail with bail set at $250,000. She is charged with murder in the death of Biggs, 37, whose body was found Oct. 27 in Cobb Park. Mallard hit Biggs as she was driving near the East Loop 820 and U.S. 287 split, police say. She drove home with the man lying on her car stuck in the windshield. Mallard told police she parked the car in the garage and apologized to Biggs but never sought help. After he died, friends of Mallard, whom police are still seeking, dumped the body in Cobb Park, police said. Brandon Biggs' suit contends that Mallard's "grossly negligent actions" led to his father's death. She "had a duty to render aid and seek medical help" while Gregory Biggs was "helpless" in her garage, the suit states. Initial reports to police indicated that Gregory Biggs might have lived two or three days in the garage. However, Tarrant County Medical Examiner Nizam Peerwani said this week that the man likely lived only a few hours. Brandon Biggs declined to comment on the suit. Gregory Biggs, a self-employed bricklayer, had been homeless for about two years. Brandon Biggs has said he occasionally visited his father at a shelter on East Lancaster Avenue. When told by authorities that his father's body had been found in the park, Brandon Biggs made funeral arrangements. He has said he could not find other family members. Last week, Brandon Biggs said he wanted to meet Mallard to better understand what she did and he wanted to pray for her. "His feelings haven't changed at all," Johnson said. "He still wishes to talk to her someday and to learn and help the healing process. This is especially important because Brandon was the closest person to his dad and, while his dad was alive, he tried to stay close as best he could. "But we all have consequences for our actions." Staff writer Deanna Boyd contributed to this report. Max B. Baker, (817) 390-7714 maxbaker@star-telegram.com

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[ThreeOfSeven]

She owns a house. I believe her parents bought it for her. So, she may have homeowner's/liability insurance.

There wouldn't be any point in sueing without the prospect of obtaining significant assets from either her or her insurer.

[ForGod'sSake]

BTW, I'm curious if anyone else has picked up on the age difference between father and son Biggs. The late Mr. Biggs would have been 18 maybe 19 when he became a father. Not unheard of, but curious.

There's something that's been troubling me since early on with this situation: Why haven't we heard WHEN the party was that she was supposed to have been to the night this happened? To me, this is critical for establishing a time line of events, and would certainly help in determining more closely how long Mr. Biggs suffered. From what I've heard, the ME of Tarrant County may not be an impeccable source....

FGS

[BraveMan]

I don't know how else a person could provide compensation for a wrongful death such as this, other than with money . . .

Do you believe there should be no form of compensation in this matter?

[nicmarlo]

I can imagine running over someone accidentally. But I can't imagine driving on with them impaled in the windshield, parking the car in the garage and then hangin' around waiting for the victim to die, and not raising a finger (literally) to call 911 for help. . .

Yes, accidents do happen...which is why that's what they're called. Sometimes it's preventable, which it would have been in this case, I'm sure, if she wasn't high while driving. But to do what she did, after hitting the guy, driving four miles to her house, hiding him in her garage, having sex with her boyfriend while he was in agony, waiting for him to die so she could "dump the evidence" like he was trash, "giggling" about it later at another party...it just goes way beyond "failing to render aid." He was murdered, IMO, and I hope she faces steep charges.....preferably 1st degree murder, and the gets the death penalty. A monster should not be let out on the loose to do this again...which I bet she would.

[gunnedah]

These black racist are popping up everywhere and the press hardly mentions it. As a matter of fact the mainstream press hides it.Daryl Strawberry went into a racial tirade the other day,Tyson does it Charles Barkley and the liberal coward white cracker press is affraid.Maybe it is time to start a group to research and dig up trash on the press.There has to be plenty there their actions dictate that as a fact.

[glockmeister40]

You're right, I forgot. Before this lady can be accused of a crime, we need to add up her "victim status points" and compare it to those of the poor fellow sticking out of her windshield. Let's see, she's black (+1), female (+1), fat (+1). She has a total of three victim status points. Let's check the fellow she hit. He's homeless ( +1), mentally ill (+1). We're catching up. But wait - HE'S A WHITE MALE - MINUS TEN POINTS. That gives him negative eight points for a victim status. Since she has more victim points, no crime has been committed here. It was just an accident, caused by a homeless person with poor judgement. He deliberately hit her car and launched himself headlong through her windshield. She will need many hours of therapy for post traumatic stress syndrome caused by this incident (payable in full by the taxpayers) </sarcasm off>

[tojywayne]

I agree with you and they really need to bring ALL of those involved to justice. Between all the unburied bodies in Georgia and now this gruesome murder Hollywood must be chomping at the bit to make the real money.

[LetsRok]

I can imagine running over someone accidentally. But I can't imagine driving on with them impaled in the windshield, parking the car in the garage and then hangin' around waiting for the victim to die, and not raising a finger (literally) to call 911 for help. . .

The prosecution should tack on kidnapping since he was being held against his will.

[Zansman]

In Texas, murder committed during the execution of another felony is capital murder, a death-penalty eligible offense.

I say charge her, convict her then fry her. I love Texas!

[gumbo]

There wouldn't be any point in sueing without the prospect of obtaining significant assets from either her or her insurer.

That's why I mentioned the homeowner's insurance. Usually such policies contain a personal liability provision, though I don't know if that applies in the case of criminal behavior.

If she does have car insurance, I would think that insurer must pay at least some of the damages, since the incident did begin as an auto accident.

[nicmarlo]

The prosecution should tack on kidnapping since he was being held against his will.

I agree....and I bet there's additional charges they're trying to think of to charge her with.....and they have no need to make any up.....they just need to dig into all the laws she broke since I'm sure the percentage of monsters who can measure up to her caliber, are so miniscule in the general population, the prosecuters aren't used to the complete disregard and callousness with which they are confronted....and I know they see a lot. I bet this one takes the cake.

[MeekOneGOP]

He was murdered, IMO, and I hope she faces steep charges.....preferably 1st degree murder, and the gets the death penalty. A monster should not be let out on the loose to do this again...which I bet she would.

There was discussion on an earlier thread regarding pre-meditation. My buddy mentioned that over the weekend and my thoughts were "no way", because I reasoned that premeditated would assume she planned out a purposeful murder by using her car. However, after seeing the arguments on that thread, I would agree that it might have been premeditated based upon her willful and purposeful actions to NOT get him medical aid - and for concealing him in the garage and not allowing anyone else to either. I'm not a lawyer, so I'm not qualified to back that up. But I think she is liable for her actions and should be prosecuted to the extent the law allows.

[nicmarlo]

Yes, I did in a small way, participate on that thread you mentioned re premeditation. For the reasons you cited, that could easily, I would think, show just cause for the charge of premeditation. Also on that thread, it was additionally mentioned that she, being an employee in the medical field, i.e., a nurses aid, would know more than someone less knowledgeable, what would happen to leaving someone in the condition the victim was in for any length of time......a person only has to be held to the "reasonable person" standards in law.....a "reasonable person" would obviously know that doing nothing to help would cause death. She knew more than what the "reasonable person" would know....she, therefore, should be held to a higher standard than a "reasonable person," her knowledge and experience in working in the medical field would be used against her in this case, IMO. There could be no "reasonable" basis to make any assumption that she DID NOT KNOW withholding medical treatment and hiding the victim in her garage would lead to his death.

[ppaul]

She owns a house. I believe her parents bought it for her. So, she may have homeowner's/liability insurance.

The "accident" didn't happen at her home - and occurred in the commission of a crime. I doubt that her homewoners insurance, if this lowlife has any - would cover her ample behind. However, because Texas has a very strong homestead law, she would keep her home - under Texas law the title to her home cannot be encumbered by a court judgment. I suspect she is "judgment proof".

[ppaul]

See #55 above.

[TX Bluebonnet]

Homeowners won't respond - this is auto related. I'm sure the attorney is just trying to shake loose the policy limits for Bodily Injury for her auto policy. Most likely she carries the minimum liability limits ($20,000 per person) if she has insurance at all. If she has insurance, the company will probably pay $20,000 to get rid of this. Unless they try to maintain that it was somehow an intentional act (not covered) by not calling for help and letting him die. Then they risk legal bills plus the possibility of paying the $20,000 in the end anyway.

I'm rambling... somebody stop me.

[gumbo]

The "accident" didn't happen at her home - and occurred in the commission of a crime.

But the death occurred in her home -- or at least, on her property.

I know very little about either homeowner's liability or car insurance, having had few occasions to make a claim on either. But I would think that if a death occurred on one's property, for which one might in some way be liable, then one's homeowner's policy would likely cover it. Where I live, a $500,000 liability policy is pretty typical, I believe.

[Samwise]

Yep, you're right. It's pretty obvious this kid isn't very bright.

I saw him on The Today Show. It was painfully obvious that he wasn't very bright. I was outraged at what this women had done to his poor father, but it didn't seem to faze him. He mentioned that he called his mother, and she had seen the account on television. I wonder why his mother couldn't handle the funeral or even attend it.

[tracer]

The filing of a lawsuit by the victim's son might give a bail bondsman great pause, given that her collateral would likely be in the form of the deed to her house -- in which she probably has little equity. Indeed, the plaintiff's attorney should have petitioned the court to freeze her assets....

On the other hand, she likely would not be difficult for a competent recovery agent to apprehend -- an attractive prospect, considering the $25,000 "payday" involved for him/her and his/her partner(s), if any -- if she jumped bail, so the bondsman might consider the bail premium to be worth the risk....