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Woman Found Guilty in 'Windshield' Case


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http://i.cnn.net/cnn/2003/LAW/06/26/windshield.death/story.mallard.jpg'>

Chante Mallard reacts to the jury's verdict Thursday.

 

 

 

FORT WORTH, Texas (CNN) -- Jurors delivered two guilty verdicts Thursday against a former nurse's aide who hit a homeless man with her car, driving home with his mangled body lodged in the windshield and leaving him to die in her garage.

 

With unanimous verdicts reached in less than an hour, the jury determined Chante Jawan Mallard guilty of murder and tampering with evidence.

 

Mallard faces life in prison on the murder conviction and 10 years stemming from her guilty plea earlier this week on a separate charge of tampering with evidence. The sentencing phase was to start later Thursday, The Associated Press reported.

 

Mallard, 25, brimmed with tears when the judge read the verdicts. Earlier, she listened somberly, a slight tremble visible as her defense attorney and the prosecutor argued over whether she was guilty of murder or simply failing to secure medical help for Gregory Biggs, 37, the man she struck on the morning of October 26, 2001.

 

Mallard's legal team never disputed that she killed Gregory Biggs, 37, in the predawn hours of October 26, 2001, after a night of drinking, smoking pot and taking Ecstasy. But they said the death was an accident -- not murder.

 

In closing arguments, defense attorney Jeff Kearney told the jurors the prosecution had not made "a clear, convincing case for murder," claiming the state's witnesses "are not very credible.

 

"The act has to cause the death," Kearney said. "If failure to provide medical help caused the death, then they cannot prove murder. ... It was the failure to get medical help, not any act."

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i hate to say but some folks, and by folks i mean women and people from jersey , should not be allowed to drive. May i take this opportunity to intorduce yall to the bus.

 

im sure their was a threadf on this but since it just went to trial its back on my mind.

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That happened pretty close to where I live. She got her friend that *just* got out of prison to help her get the body out of the windshield. That's a messed up situation to put someone in that's trying to keep their life clean. I was watching the guy being questioned yesterday on the news. He said he apologized to the man as they wrapped him in a blanket.

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FORT WORTH, Texas (June 27) - A jury sentenced a former nurse's aide to 50 years in prison Friday for leaving an accident victim to die a slow death while lodged in the broken windshield of her car.

 

Chante Mallard, 27, could have received anywhere from five years probation to life in prison for murdering Gregory Biggs. She and her family cried after the sentence was read.

 

''There's no winners in a case like this. Just as we all lost Greg, you all will be losing your daughter,'' Biggs' son, Brandon, told Mallard's family in a statement he read in court after the sentence was announced.

 

Brandon Biggs told Mallard he accepted the apology she tearfully offered on the witness stand, ''but in return I hope that you will accept my forgiveness and I hope you will accept the forgiveness of Jesus Christ.''

 

Both families declined to comment afterward.

 

''My heart is heavy, truly heavy,'' said Norma Carethers, who counseled Mallard in jail as part of a chaplain program.

 

It took the jury less than an hour Thursday to convict Mallard, who after a night of drinking and using drugs struck Biggs, 37, with her car about 3 a.m. on Oct. 26, 2001. She drove home with the man crumpled in the windshield and left him in her garage to die.

 

Medical experts testified that Biggs was alive for one or two hours after being hit and probably would have survived had he received medical help.

 

Defense attorney Jeff Kearney said he was disappointed with the length of the sentence, which was announced after jurors deliberated about 2 1/2 hours. He said an appeal is planned.

 

''We certainly knew it would be a significant prison sentence based on all the evidence but we were hoping it would be somewhat lighter,'' he said.

 

Mallard told the jury Thursday that she was sorry, adding that she didn't call for help because she was scared and didn't know what to do. But prosecutor Richard Alpert said Friday that the case ''is all about selfishness.''

 

''Some people lack the moral fiber to do the right thing,'' he said. ''A man is lying in her car moaning and bleeding and she needs someone to tell her what to do? Any decent person would call for help.''

 

Kearney told jurors that Mallard would not have left the man to die if she hadn't been under the influence of alcohol, marijuana and Ecstasy.

 

Alpert, who had told jurors that Mallard deserved life in prison, said he was pleased with the sentence. ''We just wanted to point out that this was a serious case and it needed a serious punishment,'' he said.

 

Brandon Biggs testified earlier in the week that his father took medication for bipolar disorder and mild schizophrenia. He said Biggs had been homeless for a couple of years after loaning a girlfriend money and then losing his truck and home.

 

Biggs' battered body was found in a park the day after he was hit. Authorities had no leads in the death until four months later, when one of Mallard's acquaintances called police and said she had talked about the accident at a party.

 

Officers went to Mallard's house and found the bloodstained, dented car. They also found the passenger seat burned in the back yard.

 

Before her trial began Monday, Mallard pleaded guilty to tampering with evidence by burning the bloody car seat. On that charge she was sentenced to 10 years in prison, to be served concurrently with the murder sentence.

 

A friend of Mallard's and his cousin pleaded guilty to tampering with evidence by dumping the body. Clete Jackson and Herbert Cleveland received prison sentences of 10 years and nine years, respectively.

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