Link:
www.cnn.com/2003/LAW/06/2...index.html

What is the proper link? That one is no good.

The jury was not buying what D counsel was peddling. They took less than an hour to find her guilty...of murder. The theory was felony murder....an act clearly dangerous to human life in the course of failure to stop and render aid. I would attach a copy of the indictment if I knew how.

[This message was edited by BLeonard on 06-26-03 at .]

Since I can't get this from the media: If the felony in this felony-murder case is failing to stop and render aid, what act was alleged in the indictment that was "clearly dangerous to human life". Most of the news media speaks of how she "did nothing" after striking the victim. Since, I presume, an omission "won't get ya there", what act was alleged?

Here's what I copied from the CCN site:

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."

Examiners gave differing accounts
Prosecutors said she should pay the price for taking a man's life and trying to hide it.

"She stole his life," prosecutor Richard Alpert said, pointing to Mallard as she sat solemnly next to her attorney. "She stole his hope of anyone else saving his life. That's murder."

The prosecution contended Biggs was moaning and could have survived if he had received immediate medical aid, and accuses Mallard of "indifference" in the hours after he was hit.

On Wednesday, the medical examiner for Tarrant County testified Gregory Biggs could have survived for hours before succumbing to his injuries after he was hit while walking along a highway.

According to Dr. Nizam Peerwani, Biggs had no "instantaneously fatal injuries. He did not have any spinal cord trauma, no brain trauma, no major cardiac lacerations or lacerations to the aorta or major blood vessels."

He had "serious injuries" but could have stayed alive for many hours, the doctor said. When he was hit, Biggs left leg was almost amputated, and his right arm, right upper thigh and right lower leg were broken.

Biggs' body was found October 27, 2001, dumped in a park.

However, Bexar County Medical Examiner Dr. Vincent Di Maio cast doubt on some aspects of the prosecution's case, saying the impact of the crash would have knocked Biggs unconscious, so he probably wasn't moaning.

Victim had been homeless, son testified
Both the defense and prosecution agreed Mallard had been drinking and had taken drugs before the collision.

Prosecutor Christy Jack disputed the defense contention that Mallard was hysterical, saying she had "the wherewithal to lie to the police."

"She lied about ... the number of drinks she had, about the pot, and taking Ecstasy," Jack said during her closing argument. "She said someone put something in her drink."

Mallard kept the secret about Biggs for four months, Jack said, until a tip led police to her garage.

Earlier this week, the victim's son testified that the 37-year-old Gregory Biggs had been homeless about two years when he died.

Brandon Biggs said his father also suffered from mild schizophrenia and a bipolar psychiatric condition, which hampered his ability to work.

The judge has imposed a gag order in the case, preventing lawyers and family members from discussing it publicly.

I agree with Barry. I'm glad she got convicted of murder, but would sure like to see how it was charged. Can someone tell B. Leonard how to post the indictment?

Did then and there intentionally or knowingly commit or attempt to commit a felony, to-wit: failure to stop and render aid, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, she committed or attempted to commit an act clearly dangerous to human life, to-wit: transported Greg Biggs to her home when he was seriously injured and lodged in her car, or lodged in the windshield of her car, and she secreted him in her garage which prevented him from receiving medical care, which caused the death of Greg Biggs. (There is a second paragraph alleging kidnapping as the underlying felony but the charge submitted only the first count)

[This message was edited by BLeonard on 06-27-03 at .]

After two hours of deliberation, the jury came back with fifty for murder and ten for tampering, to be run concurrently.

Congratulations to the Tarrant Co. team for a job well done.