Forensic scientist takes stand in windshield death case - victim 'spit blood...gripped map holder'

The Dallas Morning News ^ | June 24, 2003 | By DAVE LEVINTHAL / The Dallas Morning News

[MeekOneGOP]

Forensic scientist takes stand in windshield death case

06/24/2003

By DAVE LEVINTHAL / The Dallas Morning News

FORT WORTH - Fort Worth forensic scientist Max Courtney said Gregory Biggs, the man who Chante Mallard is accused of striking and killing with her car, likely spit blood while hanging inside her vehicle, suggesting he was alive after initial impact.

Mr. Biggs' hand also gripped a map holder within Ms. Mallard's car door, Mr. Courtney testified Tuesday in Ms. Mallard's murder trial in Fort Worth district court.

Ms. Mallard is accused of hitting Mr. Biggs with her car in October 2001, driving home with him entangled in her windshield and leaving him to die on the car in her garage, police say.

Mr. Courtney, while not explicitly testifying that Mr. Biggs was still alive in the hours after Ms. Mallard struck him, said bloodstain patterns within her car "come from a cough, or a gasp or a wheeze coming from the victim's mouth."

Ms. Mallard's defense team told the 12-member jury in opening arguments Monday that Ms. Mallard believed Mr. Biggs was dead when she fled her home, leaving the victim entangled in her windshield of her car.

Evidence will prove that Mr. Biggs was dead, defense attorney Jeffrey Kearney said.

During testimony Tuesday morning, defense attorney Reagan Wynn spend 1 1/2 hours quizzing Mr. Courtney on technical aspects of bloodstain patterns in Ms. Mallard's 1997 Chevrolet Cavalier.

Earlier, prosecutors displayed bloodied sections of Ms. Mallard's car, including its door, armrest console and seat belt.

At one point, Judge James R. Wilson ordered the jury out of the courtroom when Mr. Wynn probed Mr. Courtney's credentials and biases as the first expert witness called by the prosecution. The judge overruled defense objections to the forsenic scientist's testimony.

Ms. Mallard looked straight ahead or down at the table in front of her during most of the three-hour-long morning session, never looking at the witness stand, the judge or the pieces of her car.

---

Online at: http://www.dallasnews.com/latestnews/stories/062403dnmetmallard2.23adc543.html

[MeekOneGOP]

Let me know if you want on my ping list for this trial.

Gregory Biggs

Chante Mallard

Chante Mallard (left) is accused of striking
Gregory Biggs with her car and leaving him
to die in the windshield.

[MeekOneGOP]

Forensic scientist takes stand in windshield death case

Excerpt:

FORT WORTH - Fort Worth forensic scientist Max Courtney said Gregory Biggs, the man who Chante Mallard is accused of striking and killing with her car, likely spit blood while hanging inside her vehicle, suggesting he was alive after initial impact.

Mr. Biggs' hand also gripped a map holder within Ms. Mallard's car door, Mr. Courtney testified Tuesday in Ms. Mallard's murder trial in Fort Worth district court.

Ms. Mallard is accused of hitting Mr. Biggs with her car in October 2001, driving home with him entangled in her windshield and leaving him to die on the car in her garage, police say.

Mr. Courtney, while not explicitly testifying that Mr. Biggs was still alive in the hours after Ms. Mallard struck him, said bloodstain patterns within her car "come from a cough, or a gasp or a wheeze coming from the victim's mouth."

Please let me know if you want ON or OFF my Chante Mallard Murder Trial ping list!. . .don't be shy.

[MeekOneGOP]

Here is the thread history so far:

06-23-2003 (Trial Begins)
Mallard pleads not guilty to murder - smoked pot,
took ecstasy and drank heavily before hit and run

06-23-2003
Trial begins in death-by-windshield case

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

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

[MeekOneGOP]

Here is a report from FOX News :

http://www.foxnews.com/story/0,2933,90253,00.html

Expert Testifies Man Who Died in
Windshield Was Alive After Impact

Tuesday, June 24, 2003

FORT WORTH, Texas  — Blood spatters inside a woman's car indicate that a homeless man was still alive and possibly gasping after he was struck and became lodged in the shattered windshield, a forensic expert testified Tuesday.

Another witness in Chante Jawan Mallard (search)'s murder trial said basic emergency care could have saved Gregory Biggs' life if he had gotten help quickly.

In the trial's second day, jurors saw a bloodstained seat, interior door panel and center console from Mallard's car, which hit Biggs as he walked along a highway near her house on Oct. 26, 2001.

Both prosecutors and defense attorneys say Mallard smoked pot, took Ecstasy and drank heavily in the hours before she hit Biggs and then parked the car in her garage without calling for help. The defense says Biggs' death was an accident, not murder.

Prosecutor Christy Jack says Mallard could have sought help for Biggs at a fire or police station or called an ambulance.

Mallard, 27, faces life in prison if convicted of killing Biggs, 37, whose body was found the next day in a park. She has pleaded guilty to tampering with evidence (search), which could bring a sentence of up to 10 years.

Max Courtney, lab director of Forensic Consultant Services (search), testified Tuesday that he found small blood drops in the compartment between the car's two front seats.

"If I have blood in my mouth and I cough or wheeze forcefully, I could produce such a bloodstain," Courtney said.

A pool of blood in the passenger door pocket indicates Biggs' bleeding hand was inside it, and other bloodstains had been smeared, he said.

Hair found in the passenger seat belt buckle was from a Caucasian, Courtney said. Biggs was white; Mallard is black.

Fort Worth fire Capt. Jim Sawder testified that Biggs' best chance of survival was within 25 minutes of when he was hit.

"My opinion is that there is not a member of the Fort Worth Fire Department that could not have saved Mr. Biggs' life with basic life support care," Sawder said.

Mallard's friend, Clete Jackson, and his cousin, Herbert Tyrone Cleveland, pleaded guilty last year to dumping Biggs' body. Jackson was sentenced to 10 years for tampering with evidence and Cleveland got nine years. As part of plea bargains, they agreed to testify at Mallard's trial.

---

AP

Chante Jawan Mallard

[OREALLY]

This story is so disturbing it is hard to read it...Mallard can not have a soul and is a danger to society...I pray poor Mr. Biggs is at peace now...

[MEG33]

I tuned in without realizing they were displaying part of the actual car. This "he was already dead when she went home"isn't going to sell.

[MizSterious]

This has been one of the most disturbing stories I've seen, ever. She knew full well what she'd done. How anybody can live with themselves after watching someone slowly die, having done nothing to help--I just don't know.

[MEG33]

I have said I can imagine the horror,the fear but the rest is not imaginable.Her sympathy and tears are for herself.

[Howlin]

Ms. Mallard's defense team told the 12-member jury in opening arguments Monday that Ms. Mallard believed Mr. Biggs was dead when she fled her home, leaving the victim entangled in her windshield of her car.

Oh, yeah? Then why did she keep going back into the garage to apologize to him for hours on end, like she told the police in her statement.

Besides, as soon as her friend "T" got there, SHE knew he was alive and told Ms. Mallard that.

And here's a news flash: when the two guys that have already been convicted testify, you're going to hear that Chante was with them EVERY STEP OF THE WAY.

She deserves death, but I sure hope she gets full life.

[Scenic Sounds]

Gregory Biggs . . . likely spit blood while hanging inside her vehicle, suggesting he was alive after initial impact.

What an ugly case. Unbelievable!!

[MEG33]

Testimony today refutes her story she thought he was dead.She did go to the garage and he was moaning.

[Scenic Sounds]

Testimony today refutes her story she thought he was dead. She did go to the garage and he was moaning.

I'm not surprised. This is an ugly, UGLY story.

[Howlin]

New thread on this story:

http://www.freerepublic.com/focus/f-news/934906/posts

[TomGuy]

Shep Smith on FoxNews is covering this pretty good. His report said

"She laughed about killing a white guy" at a party and someone turned her in (that was 4 months after the accident).

Her brother is a fireman. The fire chief has any fireman/EMT could have saved Biggs with normal type care.

Boyfriend testified that Biggs WAS alive after Mallard got home, because the other boyfriend and Mallard said he was.

[MEG33]

Her girlfriend said he was alive,too.

[Lijahsbubbe]

"Why yes, I wear a pearl necklace and earrings like these quite frequently while getting high with my friends.

[templar]

How anybody can live with themselves after watching someone slowly die, having done nothing to help--I just don't know.

Man ... I couldn't even do that to Charlie in VietNam. And I hated him.

[MeekOneGOP]

. . . This "he was already dead when she went home"isn't going to sell.

It makes one wonder what planet the defense lawyers came from.

I guess they really DON'T have anything to defend with really. Their client is their worse liability.

[MeekOneGOP]

Thanks for that link. LOVE that pic there!

[Howlin]

The EMT guy also said ANYBODY who had had any kind of medical training could have saved him.

That would be our Ms. Mallard.

She is D-O-N-E.

[Howlin]

One of the guys, something Jackson, just was on the stand according to Fox.

He said he WAS alive.

[Howlin]

It really is horrible. Just dreadful. I'll be surprised if the jury doesn't jump from their box and beat her.

Gregory Biggs

Or as Ms. Mallard's attorney refers to him, "the body."

[MEG33]

Thanks, it's easy to forget Mr.Biggs is the most important person in the trial.I'll bet the jurors won't soon forget the pictures they've had to view.

[sarasmom]

I thought the initial reports said his body was found a few days after his death.
Is my memory wrong, or is the AP spinning?

[EllaMinnow]

Or, as Court TV maddeningly, consistently, refers to him, "a homeless man."
They are getting on my last nerve.

[Scenic Sounds]

Or as Ms. Mallard's attorney refers to him, "the body."

LOL. Well, I don't envy "Ms. Mallard's attorney." ;-)

[Humidston]

This worthless piece of trash, Mallard, is an excellent example of how selfishness and self-centerdness can literally destroy one's conscience. This woman is not human and does not deserve to breathe more than 10 nanoseconds after she's found guilty.

I'm certain her entire life has centered on........ herself.

[Howlin]

The really tacky part of her attorney's description of him as "the body" was that at the time he was referring to Mr. Biggs was very much alive.

[MeekOneGOP]

Thanks.

Yeah, I heard Shepard Smith's report. I like him. He's a straight up guy!

I see O'Reilly covered 2 Texas stories, but I don't think THIS one was one of them.

The case is going badly for Chante. I'm wondering if she might try to change her plea to go for less time ?

Nah ! It'll never happen !! LIFE IN PRISON for Chante.

[gitmo]

Then why did she keep going back into the garage to apologize to him for hours on end, like she told the police in her statement.

Besides, as soon as her friend "T" got there, SHE knew he was alive and told Ms. Mallard that.

And here's a news flash: when the two guys that have already been convicted testify, you're going to hear that Chante was with them EVERY STEP OF THE WAY.

The question is: will the jury hear any of this? My experience has been that the jury often doesn't hear enough to make heads or tails about what really happened.

[Howlin]

I heard every bit of that post on Court TV the last two days.

The guy, something Jackson, testified late this afternoon that he WAS alive when they got to the house.

Her friend testified yesterday that when she got there and saw him, she told Chante that he was alive and told her to call 911; she wouldn't.

Of course, the friend didn't call them either; thus the need for her immunity.

[Howlin]

Let me make this clearer: I heard all of that testified to from the stand, not from the Court TV anchors.

[gitmo]

Great!

I obviously haven't followed this since it went to court. I remembered those reports from when the story first broke, but figured they would somehow be withheld from the jury.

[Howlin]

I don't think the accusations about her having sex with her boy friend are coming in; the "tip" from the girl who is not going to testify basically is leaving out all the gossip, except for the drugs.

It's been very interesting.

[BlazingArizona]

This woman is not human and does not deserve to breathe more than 10 nanoseconds after she's found guilty.

Since TX is known to apply capital punishment quite liberally, does anyone know why the death penalty is off the table in this case?

[the gillman@blacklagoon.com]

Matters more, who is the jury?

OJ was guilty. But he had the right jury.

[eggman]

IMHO it doesn't make one bit of difference if Biggs was alive when she drove home and left him imbedded in her windshield. She is guilty of first degree murder because she either knew he was alive and didn't care or she cared so little about this man's life that she didn't even bother to check. The court should assume that Biggs was still alive.

[writmeister]

Since TX is known to apply capital punishment quite liberally, does anyone know why the death penalty is off the table in this case?

To get a conviction for capital murder (and then be eligible for the death penalty), there must be an intentional or knowing murder while in the course of one of a prescribed list of felonies or an intentional or knowing murder committed against a certain class of victims (police officers, children under six ...).

Without the second felony or a clear intent to cause the victim's death, it places capital murder out of reach.

Here, the theory is felony murder -- a defendant commits a felony which results in someone's death. There is no need to prove intent regarding the death, only the felony. The State need only prove that she intentionally or knowingly failed to stop and render aid (a felony) and someone died as a result.

Felony-murder is still a 1st degree felony with a jury sentencing range of 5 to 99 years or life.

[MEG33]

Counting on Texas justice from the jury as they decide the sentence.

[MeekOneGOP]

I don't think the AP is spinning - THIS time - believe it or not. The incident occurred in October '01 and 4 months later Chante got loose lips and told on herself. There was a lot of speculation and stuff in the reports and the judge put on a Gag order. The time lines are being defined now by the witnesses testimony against Chante.

Maybe I'm giving the AP the benefit of the doubt too, I'm not sure.

On that note, I'm gonna shut down this machine for the night.

G'night All !!

[longtermmemmory]

(s) its ok she just hit some honky. (/s)

[longtermmemmory]

The apparent defense tactic is going to be to create reasonable doubt that Gregory was not alive. They just need to create ONE reasonable doubt to win. This would still leave it as only an accident. (maximum exposure five years)

I hope the prosecutor focuses on the Defendant opening and closing the garage door. She had to DECIDE to open the door, put the car in the garage, and then close the door and condem a man to death. She BELIEVED the man was alive, she BELIEVED she could keep the man's death a secret by hiding him, she BELIEVED he was alive an appologized. The hapless victim possibly may not have been alive but this defendant ACTED as if he was alive. Alive and able to point a finger to her guilty act.

[longtermmemmory]

Judging from the below statutes the defense is unable to avoid the injury aspect. It will probably focus on the issue of time of death. Was it at the moment of impact or was it locked inside the garage. If the man was alive for a brief period of time, she is guilty. She certainly acted like she believed him to be alive. They did after all poke the man with a rake to see if he was alive.

some texas laws involving accidents:

SUBCHAPTER B. DUTIES FOLLOWING ACCIDENT



§ 550.021. Accident Involving Personal Injury or Death



(a) The operator of a vehicle involved in an accident resulting in injury to or death of a person shall:



(1) immediately stop the vehicle at the scene of the accident or as close to the scene as possible;



(2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; and



(3) remain at the scene of the accident until the operator complies with the requirements of Section 550.023.



(b) An operator of a vehicle required to stop the vehicle by Subsection (a) shall do so without obstructing traffic more than is necessary.



(c) A person commits an offense if the person does not stop or does not comply with the requirements of this section. An offense under this section is punishable by:



(1) imprisonment in the institutional division of the Texas Department of Criminal Justice for not more than five years or confinement in the county jail for not more than one year;



(2) a fine not to exceed $5,000; or



(3) both the fine and the imprisonment or confinement.



Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.



*****this one is good******

§ 550.023. Duty to Give Information and Render Aid



The operator of a vehicle involved in an accident resulting in the injury or death of a person or damage to a vehicle that is driven or attended by a person shall:



(1) give the operator's name and address, the registration number of the vehicle the operator was driving, and the name of the operator's motor vehicle liability insurer to any person injured or the operator or occupant of or person attending a vehicle involved in the collision;



(2) if requested and available, show the operator's driver's license to a person described by Subdivision (1); and



(3) provide any person injured in the accident reasonable assistance, including transporting or making arrangements for transporting the person to a physician or hospital for medical treatment if it is apparent that treatment is necessary, or if the injured person requests the transportation.



Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

[MeekOneGOP]

Yeah, I think I saw that part on FOX too. But I don't recall him from Tuesday's Court TV coverage. I was out part of the day though. I had O'Reilly on and it seems he failed to mention the trial though. :O(

[MeekOneGOP]

Thanks, it's easy to forget Mr.Biggs is the most important person in the trial. I'll bet the jurors won't soon forget the pictures they've had to view.

When they showed his picture (taken in the Park after his remains were discovered), one of the lady jurors wept, the report said on Court TV. I can just imagine.

And after hearing the forensic science guy's testimony about the blood spatter evidence, I envision Biggs nightmare being stuck in that windshield and all she could do is say I'm sorry, I'm sorry as she drove him to her house. He must have suffered terribly as she just did nothing whatsoever to help him. . .I just can't help but think that Chante is without heart or soul.

[MeekOneGOP]

Gregory Glenn Biggs
graduated from Evangel
Temple Christian School in
Grand Prairie in 1982.

Portrait taken of Biggs in 1988.

[MEG33]

He moaned in the garage.It is likely he lived several hours.

[MeekOneGOP]

I hope the prosecutor focuses on the Defendant opening and closing the garage door. She had to DECIDE to open the door, put the car in the garage, and then close the door and condem a man to death. She BELIEVED the man was alive, she BELIEVED she could keep the man's death a secret by hiding him, she BELIEVED he was alive an appologized. The hapless victim possibly may not have been alive but this defendant ACTED as if he was alive. Alive and able to point a finger to her guilty act.

Everything from the witnesses point to Biggs being alive - their recounts of what they SAW and what Chante TOLD THEM about Biggs being alive. I can't imagine a Texas jury ignoring that testimony and the forensic evidence brought out today. NO accident that she failed to call 911 to get him medical aid. She is guilty of murder and should spend a LONG time in Prison, imho.

STAR-TELEGRAM ARCHIVES/RODGER MALLISON

Chante Mallard attends a hearing in March 2002 that increased her bail to $250,000. Two men have pleaded guilty in the case and are expected to testify for the prosecution.

STAR-TELEGRAM ARCHIVES/JOYCE MARSHALL

Gregory Glenn Biggs died within hours of being struck after Chante Mallard parked her car inside the garage of her house on Wilbarger Street, according to the Tarrant County medical examiner.

[MeekOneGOP]

Yep. No heart and no soul.

[writmeister]

I think you are right. They have to attack the underlying felony because the victim's death is incontrovertible.