Defense rests in windshield death case

Medical examiner says crash victim likely lived up to 2 hours after being hit

? For about two hours, Gregory Biggs lay bleeding but alive in the broken windshield of a car that hit him, and he probably would have survived if the driver had called for help, a medical examiner testified Wednesday at the driver’s murder trial.

“He was obviously in severe, excruciating pain,” Dr. Nizam Peerwani, the Tarrant County medical examiner, testified before the state rested its case on the third day of the trial.

The defense also rested Wednesday after calling just one witness: a medical examiner from another county who said Biggs probably lost consciousness after his head hit the windshield.

Chante Mallard, a 27-year-old former nurse’s aide, is accused of hitting Biggs as he walked along a highway, then driving home with his body lodged in her windshield, shutting the garage door and leaving him to die. Police say she sat in the car, crying and apologizing to the moaning man.

Mallard’s attorneys don’t dispute that she hit Biggs early on the morning of Oct. 26, 2001, or that she had been using drugs and drinking, but they argue that Biggs’ death was an accident, not murder.

The impact broke Biggs’ thigh bone, shin bones and arm on his right side, nearly amputated his left leg, and gouged his torso, Peerwani testified .

His injuries were aggravated as Mallard continued to drive, but Biggs still could have been saved with quick medical treatment, the examiner said. Instead, he said, Biggs bled to death over about two hours.

Prosecuting attorney Richard Alpert displays a photograph of Gregory Glen Biggs to the courtroom as Biggs' son, Brandon Biggs, 20, sits on the witness stand in Fort Worth, Texas. Chante Mallard is charged with the murder of Biggs after hitting him with her car and leaving him lodged in the windshield. The defense rested Wednesday in the case.

A Fort Worth Fire Department captain and an emergency room doctor had also testified that Biggs could have survived if he had been quickly treated.

The sole defense witness agreed that Biggs, 37, lived one or two hours after being hit, but said he probably was unconscious during the entire ordeal.

“It’s doubtful that he ever regained consciousness,” said Vincent Di Maio, chief medical examiner for Bexar County, who reviewed Peerwani’s autopsy report.

The victim’s son told jurors Wednesday that Biggs was a self-employed bricklayer who took medication for bipolar disorder and mild schizophrenia.

“I would say he was very hardworking. He was very friendly, although he didn’t have many friends,” said Brandon Biggs, 20. “He was very, very loving, I would say.”

Biggs’ body was found in a park a day after he died. Two of Mallard’s friends, Clete Deneal Jackson and Herbert Tyrone Cleveland, pleaded guilty to dumping the body.