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SUSPECT KEEPS DRIVING WITH YOUNG MOM DEAD ON HIS WINDSHIELD AFTER MOWING HER DOWN · Crime Stories with Nancy Grace

0:00
Speaker 1: Crime Stories with Nancy Grace.
0:06
Speaker 2: A suspect keeps driving with a young single mom dead
0:14
Speaker 2: on his windshield after he mows her down dead. The
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Speaker 2: young mom dead on his windshield and he keeps driving
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Speaker 2: estimate for miles wait for it. In the last four years,
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Speaker 2: he had been charged nine times with road related incidents.
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Speaker 1: Why was he behind the wheel? Why is this single mom?
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Speaker 1: She is the sole caregiver for her little boy.
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Speaker 2: Now she's dead, and all she was doing was riding
0:54
Speaker 2: along on an e bike, minding her own business until
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Speaker 2: Xavier Rigby crashes into her life.
1:03
Speaker 1: I mean, see, Grace, this is crime Stories.
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Speaker 2: I want to thank you for being with us.
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Speaker 3: Kirsten Strayng was a devoted single mother whose life revolved
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Speaker 3: around her young son. Their days were filled with trips
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Speaker 3: to the beach and creating a fun life for the
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Speaker 3: two until one faithful night.
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Speaker 4: Shattered their world forever.
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Speaker 1: Those photos are killing me.
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Speaker 2: It reminds me of the thousands and thousands of photos
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Speaker 2: I took of the twins when they were little. According
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Speaker 2: to everyone to whom we have spoken, this mom, Kirsten lived,
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Speaker 2: lived for her little boy, and now she's gone. She
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Speaker 2: is a soul car than give her to her son,
2:02
Speaker 2: what's going.
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Speaker 1: To happen to him now?
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Speaker 2: And what about her dreams of seeing him graduate from kindergarten,
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Speaker 2: then gone to first grade, then middle school, high school, college,
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Speaker 2: and beyond her leading.
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Speaker 1: Him along the way? Is only one.
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Speaker 2: Person can do, and that is your mother. Enter the suspect,
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Speaker 2: Xavier Rigby.
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Speaker 1: And let me just go out on a limb.
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Speaker 2: And say, raw in hell Rigby. Yes, he's presumed innocent
2:39
Speaker 2: until proven guilty. And I'm going to have a couple
2:41
Speaker 2: of rounds of a veteran trial lawyer named Jacob Lowe
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Speaker 2: in just a moment on this case.
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Speaker 1: But first I.
2:47
Speaker 2: Want to go to a veteran investigative reporter, a four
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Speaker 2: time Emmy Award winning TV anchor and producer, Serena Fazan.
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Speaker 1: Serena, what happened?
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Speaker 5: Oh my gosh, I mean, Nancy, don't you think this
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Speaker 5: was absolutely a failure in the system as well? We
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Speaker 5: lost a beautiful mother. But what was he doing out
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Speaker 5: in the road in the first place? I mean, you
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Speaker 5: saw the disdaining.
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Speaker 1: Larch, Serena. Normally I take a chunk out of somebody
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Speaker 1: that tries.
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Speaker 2: To blame the system instead of blaming the suspect. But
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Speaker 2: this time I agree with you. I mean, do I
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Speaker 2: have the count right? Because I actually think I've missed
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Speaker 2: some nine road related charges in four years. What whack
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Speaker 2: adoodle judge let this guy out?
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Speaker 1: You know what? Hold on, Serena.
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Speaker 2: Fazan with all the facts with me, But I just
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Speaker 2: got to go to Kimberley Cockrell, victim services manager at
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Speaker 2: mad M, a d D Mothers against drunk Driving South
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Speaker 2: Carolina who happened to have lost her best friend to
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Speaker 2: a driver. Kimberly, does it never end because there's plenty
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Speaker 2: of blame to pass around here, But can we just
4:07
Speaker 2: focus on the technical legal term a whole judge that
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Speaker 2: let this guy walk nine road related offenses, including leaving
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Speaker 2: the scene a crash before you know, I hate to
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Speaker 2: even look at him because he's looking at me and like.
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Speaker 1: What what did I do? I know what he did?
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Speaker 1: What does Matt have to say about this?
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Speaker 6: Kimberly, We are absolutely more inside by this man's behavior.
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Speaker 6: This is that it's bad enough that you're drinking and driving,
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Speaker 6: but then to keep driving for miles with the mother
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Speaker 6: single mother on the hood of your car.
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Speaker 7: That is absolutely vapid.
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Speaker 6: I do not understand how this man to continue on
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Speaker 6: with her on his car and just driving as if
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Speaker 6: there was nothing wrong.
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Speaker 2: I mean, Cheryl McCollum, who has also worked with mad Now,
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Speaker 2: director of the Cold Case Research Institute and star of
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Speaker 2: a hit podcast, Zone Seven. Cheryl McCollum. He can't say
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Speaker 2: he didn't see her. She's on his wind shill. She's
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Speaker 2: stuck on his wind shield. Mommy on a windshield, Cheryl,
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Speaker 2: What can he possibly.
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Speaker 1: Say to that?
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Speaker 8: Not only was that sound overwhelming, his car would have
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Speaker 8: reacted not just to hitting her, but running over her. Ebite, Nancy,
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Speaker 8: This is one of those cases where you just have
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Speaker 8: to say to yourself, he drove with this poor mother
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Speaker 8: dying on the hood of his car through the windshield.
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Speaker 2: Guys, I'm about to go to a veteran trial lawyer
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Speaker 2: whose handel case is very similar to this, But first
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Speaker 2: I want to hear.
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Speaker 1: Want you to hear what happened.
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Speaker 9: Kirs is riding her e bike in the bike lane Gulfport, Florida,
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Speaker 9: ten pm Saturday night. Nissan Ultima approaches from behind at
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Speaker 9: a high rate of speed, slams into Kirsten's bike, knocking
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Speaker 9: the mother into the air, and does not stop. He
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Speaker 9: continues driving as if there isn't an injured woman on
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Speaker 9: his windshield.
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Speaker 2: Injured dying would be more appropriate. Guys, joining me right
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Speaker 2: now is a very special guest who I consider to
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Speaker 2: be a friend. It's Lisa Miller, and she lost a
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Speaker 2: person most precious to her, her daughter, Samantha, to a
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Speaker 2: drunk driver. There's Samantha. Is she not absolutely stunning? Do
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Speaker 2: you see her in that wedding dress? I hate even
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Speaker 2: say it. She died in her wedding dress at the
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Speaker 2: hands of a drunk driver, leaving her own wedding reception
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Speaker 2: on a day that is the day parents live for.
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Speaker 1: We live to see our child find the perfect person,
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Speaker 1: and then we know we've done our job.
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Speaker 2: We've hopefully gotten them through school, we've got them established
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Speaker 2: in life, and then they find the life partner that
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Speaker 2: we love too. And it all ended on what would
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Speaker 2: have been the happiest night of Lisa Miller's life.
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Speaker 1: Lisa, I just.
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Speaker 2: The moment I heard about Kirsten, a single mom, dead
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Speaker 2: on this guy's windshield, the first thing I thought about
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Speaker 2: was about you and Samantha. I can't describe the pain
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Speaker 2: this family must be feeling, but you can Lisa, what
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Speaker 2: happened the night that Sam was brutally killed.
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Speaker 1: By a driver.
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Speaker 10: I'll just say that, obviously, nobody will ever understand what
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Speaker 10: families go through when you lose a child or use a.
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Speaker 11: Parent suddenly unexpectedly on the happiest day of their life.
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Speaker 11: I would not say sorry to Ancy that that was
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Speaker 11: the happiest day of my life. It was actually the
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Speaker 11: worst day of my life. And we showed up at
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Speaker 11: I'm gonna just generalize it a little bit. I don't
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Speaker 11: want to get into a lot of it. But we
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Speaker 11: went to the scene after we figured out there was
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Speaker 11: an accident, and we're told by the police that everybody
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Speaker 11: that was in the accident was at the hospital, So
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Speaker 11: obviously I went to the hospital. My daughter drove me
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Speaker 11: there to find Sam. We get to the hospital, they're
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Speaker 11: not letting us know where Sam is because everybody on
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Speaker 11: the golf cart was a John or Jane Doe, because
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Speaker 11: nobody had their ID with them. Obviously, they're just leaving
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Speaker 11: the wedding going to the airbnb. So we're looking through
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Speaker 11: the hallways and still to this day, going in a
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Speaker 11: hospital with my mom walk through the hallway, I lose
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Speaker 11: it looking for Sam. Looking for Sam. We're outside waiting.
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Speaker 11: We're back inside walking around just looking for me and
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Speaker 11: my daughter, roaming through the halls of the hospital. Finally
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Speaker 11: go outside again. It's late now. The accident happened at ten,
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Speaker 11: it's probably one in the morning at this point, and
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Speaker 11: we're still waiting to find my daughter, and I was
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Speaker 11: worried about her injuries.
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Speaker 1: Little did I know.
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Speaker 11: This is the hardest part is while we're outside waiting,
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Speaker 11: her dad called, who stayed at the scene, and he said,
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Speaker 11: Sam's not at the hospital. He said, she's here. I
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Speaker 11: just identified her body.
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Speaker 1: She's dead.
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Speaker 11: And you can't even imagine that moment. I fell to
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Speaker 11: the ground and my daughter said, I was pounding on
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Speaker 11: the ground.
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Speaker 1: I don't know.
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Speaker 11: What I was doing, obviously, and so she took me home,
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Speaker 11: not home, but to our airbnb, and I mean it
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Speaker 11: was kind of blurry after that, but yeah, and I
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Speaker 11: found out later on that Sam made Eric which places
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Speaker 11: with her on the golf cart because she didn't like
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Speaker 11: where she was sitting.
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Speaker 12: That pretty much killed me. But it's a pain that
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Speaker 12: no mother should have to endure. I mean, I've been
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Speaker 12: lucky that I've managed to connect with some other mothers
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Speaker 12: that have lost their children, and we have a group.
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Speaker 11: Chat and we have a zoom meeting. We all support
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Speaker 11: each other. And I'm also doing re coaching classes. So
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Speaker 11: I'm looking forward to doing what Sam would want me
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Speaker 11: to do, which would be to help others that go
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Speaker 11: through this.
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Speaker 2: Lisa, first of all, I feel so guilty about asking
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Speaker 2: me what happened, because I know that it's painful and
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Speaker 2: hurtful to relive it. But I don't think others understand
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Speaker 2: ve hicular homicide, joint driving deaths are not accidents, and
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Speaker 2: they are preventable. And for the judge and the current case,
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Speaker 2: Lisa let this guy out wandering free driving after it
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Speaker 2: had already had a hit and run nine road incidents
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Speaker 2: in the past four years, and now Kirsten, a single mom,
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Speaker 2: is dead. I mean I handle so I prosecuted so
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Speaker 2: many hvs, habitual violators that had.
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Speaker 1: Gone in and out and in and out, and find
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Speaker 1: somebody's dead. That's what I would get.
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Speaker 2: Then when they were a felony, not a misdemeanor, do
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Speaker 2: UI and the families of the victims would just be
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Speaker 2: sitting on the front row behind me in court just
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Speaker 2: crying because nothing can fix it. There's no fix for this.
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Speaker 2: You can't just put a band aid that's brace them
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Speaker 2: back team. There's no fix. They're not coming back ever.
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Speaker 2: And it's hard to explain why a duhy is so
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Speaker 2: important for us to focus on Lisa.
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Speaker 11: I know, and it's amazing. It's amazing the amount of
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Speaker 11: people that I have met that have lost family members
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Speaker 11: to DUIs. And these people be they don't get any time,
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Speaker 11: or they get a year, or they get a you know,
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Speaker 11: thirty days in jail, or they don't get anything at
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Speaker 11: all because maybe they were a former police officer.
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Speaker 2: I mean, I've heard so many maybe like in this case,
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Speaker 2: the judge just lets them go. Trust me, Xavi or
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Speaker 2: Rigby is not a former police officer.
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Speaker 1: There was just a slack judge that didn't care. They
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Speaker 1: just let him walk.
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Speaker 2: I don't know the answer, but I do know that
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Speaker 2: letting a person with this many road incidents.
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Speaker 1: Just walk that that's not okay. Oh oh, guys, I
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Speaker 1: want you.
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Speaker 2: To hear the perp that mowed down Samantha whining on
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Speaker 2: the phone.
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Speaker 1: Listen.
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Speaker 13: I know, honey, we know, honey, freaking road and this
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Speaker 13: couldn't happen to anyone, Like why me?
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Speaker 6: Why me?
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Speaker 11: I don't understand, like this could have happened to so.
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Speaker 1: Many other people?
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Speaker 2: Is she crazy? You are hearing the perp on the phone.
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Speaker 2: Thats Jamie Lee Komarowski whining about how did this happen
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Speaker 2: to me? Why can't it happen to somebody else?
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Speaker 1: Nothing happened to her.
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Speaker 2: She drove drunk and she killed Samantha and left the
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Speaker 2: fiance in a pile of bones. He's still having to
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Speaker 2: have reconstructive surgeries. He barely lived. Did you hear this, doctor,
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Speaker 2: Bethany Marshall? What is wrong with du Why?
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Speaker 1: Killers? I don't get it. It's like, why did this
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Speaker 1: happen to me? And at the she goes, this could
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Speaker 1: have happened so many other Baby, what you know, Nancy?
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Speaker 2: It's it's so she's saying, Bethany, she's only thinking about herself.
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Speaker 7: Nancy, it's so self referential.
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Speaker 14: You know, even though the legal limit is point eight
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Speaker 14: at point oh two, you're seven times more likely to
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Speaker 14: have an accident. You know that a third of all
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Speaker 14: traffic related fatalities have alcohol involved. And what I think
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Speaker 14: with these people is that not only are they so
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Speaker 14: used to being drunk or high, but they drive around
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Speaker 14: in what we call a brownout. It's a little different
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Speaker 14: than a blackout. At blackout is you have no memory,
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Speaker 14: you don't even know what you're doing. A brown out
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Speaker 14: is that you're sort of dimly aware and you don't
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Speaker 14: really care, so you just drive wherever you want without
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Speaker 14: any thought of consequences.
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Speaker 1: Put her up, Bethany. Do you you think I care?
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Speaker 2: Do you think it matters to me that the drunk
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Speaker 2: driver doesn't care?
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Speaker 1: They don't care because they're drunk.
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Speaker 2: They don't care because they're drost to doctor Bethanie as
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Speaker 2: not some deep seated psychological problem. They're drawn on their
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Speaker 2: rear ends. That's why they don't care.
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Speaker 11: You know.
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Speaker 2: I was just speaking to Lisa Miller about how judges
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Speaker 2: just let these people walk, like the judge did in
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Speaker 2: Rigby's case, and now single mom is dead. Just wait,
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Speaker 2: you've got to hear what a judge sentence Rigby to
16:30
Speaker 2: last time.
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Speaker 9: Rigby has an extensive criminal record, a previous hit and
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Speaker 9: run and a DUI charge the state reduced to a
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Speaker 9: reckless driving charge. He also had several traffic infractions, like
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Speaker 9: speeding more than thirty miles over the speed limit in
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Speaker 9: his previous dui. Rigby is caught driving on the wrong
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Speaker 9: side of the road on a divided highway and has
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Speaker 9: an open container in the charges, but is allowed to
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Speaker 9: deplete it down to reckless driving, completes DUI school and
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Speaker 9: a Mother's Against Drunk Driving online victim impact panel.
17:00
Speaker 1: Did you hear that? Let me go to Joseph Low.
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Speaker 2: He's a veteran trial lawyer who practices in La Never
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Speaker 2: lack of business there. He's the founder of the law
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Speaker 2: firm Joseph H. Low, the fourth That means there's been
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Speaker 2: three before him. Joseph, did you hear what Rigby got
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Speaker 2: last time? He had to watch a video of the
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Speaker 2: Mother's Against Drunk Driving panel?
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Speaker 1: He had to watch a video that was his punishment.
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Speaker 15: What I heard even more is the absolute broken heart
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Speaker 15: of missus Miller. I can only imagine what that boy
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Speaker 15: of the gal who unfourseunately lost her life to this guy.
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Speaker 4: That is so hard to listen to you.
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Speaker 15: And I'm gonna be honest, I brought tears in mind
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Speaker 15: just listening to Nancy and listen to miss Miller, and
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Speaker 15: it's we sit and listen to it, and let's just
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Speaker 15: be real right now. Why we're outrage, Why you're outraged.
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Speaker 15: Why you should be is because it seems so senseless.
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Speaker 15: And that's the whole part about the alcohol involved here.
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Speaker 15: It lends to you to realize that there was no
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Speaker 15: need for him to drink that much. If he was,
18:15
Speaker 15: we don't know, but we're being totally was, or at
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Speaker 15: least the other person. And why why do they have
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Speaker 15: to drink that much alcohol so that somebody else has
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Speaker 15: to have everything they've ever owned taken from them and
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Speaker 15: anything they'll ever have taken from them. But even worse,
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Speaker 15: that boy's not going to grow up without the love
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Speaker 15: of a parent in times of his life where he
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Speaker 15: needs that advice and that comfort and that nurturing.
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Speaker 2: I appreciate everything you just said, but this must be
18:41
Speaker 2: an echo chamber because I've already said that. I ask you,
18:47
Speaker 2: how does a defense attorney stand by and you're looking
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Speaker 2: at your HV, your habitual violator client, and you hear
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Speaker 2: the judge just give him watching a video Mother's against
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Speaker 2: Joint driving panel video. That's the sentence when you know
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Speaker 2: this guy either needs to go to jail to dry out,
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Speaker 2: or to go does some kind of a lockdown rehab,
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Speaker 2: and he just walks out.
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Speaker 1: The door and you know he's going to do it again.
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Speaker 1: How do you how do you bring yourself to stay quiet?
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Speaker 15: I personally would not, and I've had similar cases, not
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Speaker 15: with this magnitude what I'm about to do, but that
19:27
Speaker 15: is I have actually said to the court that you
19:30
Speaker 15: can give them the standard penalties, which is what the
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Speaker 15: judge did.
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Speaker 4: But I've said before this person is.
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Speaker 15: Going to need more than that, because otherwise they're going
19:39
Speaker 15: to be here again. As an officer of the court,
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Speaker 15: I've taken a solemn oath to make sure I'm helping,
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Speaker 15: not hurting, and I'm discerning that this person needs more
19:46
Speaker 15: because I got them some screening and account someone very
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Speaker 15: professional left doctor Bethany Marshall here.
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Speaker 4: He says, this is what they're going to need.
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Speaker 15: I have gone to the judge before and say, look,
19:56
Speaker 15: this is what they really need, and it's a little
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Speaker 15: bit more. As a result, we're all going to be safer.
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Speaker 15: That's what's supposed to happen from the defense side as well.
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Speaker 4: So you're right, there's no answer to your question.
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Speaker 15: That's going to be inflammentory than oh, what's the big deal.
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Speaker 15: That's what's supposed to happen. And you know what, as well,
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Speaker 15: and unfortunately doesn't happen.
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Speaker 1: Enough crime stories with Nancy Grace.
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Speaker 2: Thoseph Low veteran trial lawyer, You're absolutely correct. Sadly, that
20:31
Speaker 2: is not what happened in the case of Lisa's daughter
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Speaker 2: Sam or in the current case of Xavier Rigby.
20:40
Speaker 9: The perp driving in and out of traffic for eight
20:42
Speaker 9: blocks with Kirsten still stuck to his windshield. Finally, Kirsten
20:46
Speaker 9: falls off the windshield, crashing onto the ground. The driver
20:49
Speaker 9: doesn't call nine to one, one, doesn't stoctor nder Aid,
20:52
Speaker 9: fails to wait for first responders to arrive. He continues on,
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Speaker 9: leaving the mortally wounded woman in the roadway.
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Speaker 3: Kirston went for a seemingly ordinary bike ride on her
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Speaker 3: e bike, gliding.
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Speaker 1: Along the Gulfport, Florida Kurblane.
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Speaker 3: Unbeknownst to her, a reckless man was about to make
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Speaker 3: a series of catastrophic choices that would change everything.
21:14
Speaker 2: Straight back out toward winning TV anchor investigative reporter Serena
21:20
Speaker 2: fash Serena, where exactly did this happen? So?
21:25
Speaker 5: It happening in an area called Gulfport in Nancy. It's
21:28
Speaker 5: such a beautiful small community. I can imagine how it
21:33
Speaker 5: shattered that area. You know, it's near the water. The population,
21:37
Speaker 5: it's a very small population, home to a lot of artists,
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Speaker 5: hardworking people. I just can't even imagine. I can't even
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Speaker 5: imagine for the people who witness that.
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Speaker 1: This is what happened when responders get to the scene.
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Speaker 9: First responders arrive on the scene, but it's too late.
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Speaker 9: Kirsten has pronounced deceased on the scene. The driver of
21:57
Speaker 9: the Nissan Ultima is no stranger to traffic offenses. Xavier
22:01
Speaker 9: Rigby has multiple offenses and knows his duty to stop
22:04
Speaker 9: and render aid. Instead leaves the woman's crumpled body on
22:07
Speaker 9: the road and takes off the Penelas County Sheriff's office
22:10
Speaker 9: quickly identifies the suspect vehicle and tracks Rigby down in
22:13
Speaker 9: short order, finding the fleeing suspect about a mile away
22:17
Speaker 9: at a liquor store. The police can smell alcohol on
22:20
Speaker 9: his breath. He has bloodshot eyes, can barely walk, his
22:23
Speaker 9: speech is slurred, refuses a roadside sobriety test.
22:26
Speaker 1: Let's analyze what we've just learned.
22:30
Speaker 2: We learn that the suspect is a mile away already
22:34
Speaker 2: at a liquor store.
22:36
Speaker 1: At a liquor store.
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Speaker 2: Kirsten just fell off his windshield where he left her
22:41
Speaker 2: on the side of the road dead and he goes
22:44
Speaker 2: straight to a liquor store. Okay, that's not helping anything
22:48
Speaker 2: to Cheryl McCollum.
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Speaker 1: What about it?
22:51
Speaker 8: He care more about getting more booze than her life.
22:56
Speaker 8: He was mission focused. He didn't see her, He didn't
23:01
Speaker 8: stop when he ran over the bike, he didn't stop
23:03
Speaker 8: when he flung her off the hood, but he kept
23:07
Speaker 8: going for a mile.
23:09
Speaker 1: To a liquor store.
23:11
Speaker 2: You know, I'm very curious on your reaction, Cheryl McCollum
23:14
Speaker 2: with thus, director of Coldcase Research Institute and star of
23:18
Speaker 2: a hit podcast Zone seven. Cheryl, did you hear the
23:23
Speaker 2: judges earlier sentence on the sky let him walk, plugged.
23:27
Speaker 1: The case down?
23:28
Speaker 2: In that case, he was driving on the wrong side
23:31
Speaker 2: of the road drunk. That's a head on collision waiting
23:33
Speaker 2: to happen. With an open container, what does that mean?
23:37
Speaker 2: That means he's got an open beer or liquor without
23:40
Speaker 2: a top on it, in other words, drinking it. The
23:43
Speaker 2: reason we call it open container is because they don't
23:46
Speaker 2: actually guzzle it down in front of the cops, but
23:48
Speaker 2: they're sitting there with a beer or alcohol herd alcohol
23:52
Speaker 2: open in the car, all right, that's called open container.
23:56
Speaker 2: So he's driving drunk down the wrong side of the
23:59
Speaker 2: road on a divided highway.
24:03
Speaker 1: Ryl.
24:03
Speaker 2: That means those victims they can't even go anywhere the
24:08
Speaker 2: highway's divided. They'll run into a median if they try
24:11
Speaker 2: to get out of his way, see what I mean.
24:13
Speaker 2: So it's death to them no matter what they do.
24:16
Speaker 2: Wrong side of the road, divided highway, open container. It
24:20
Speaker 2: got planed down to reckless driving. And all he had
24:23
Speaker 2: to do was watch a video of Mothers Against Drunk
24:26
Speaker 2: Driving online.
24:29
Speaker 1: That's it.
24:30
Speaker 8: His prior offenses started four years ago when.
24:33
Speaker 11: He was eighteen.
24:35
Speaker 8: He hasn't even been legally able to drink except for
24:39
Speaker 8: a year, and he's already had a DUI prior to that.
24:43
Speaker 8: Why this guy was not on their radar, I don't know.
24:46
Speaker 1: And here's another question.
24:47
Speaker 8: I don't know how he still has a car, or
24:50
Speaker 8: insurance or a driver license.
24:52
Speaker 2: Kimberly Cockroll joining us from Mothers Against Drunk Driving out
24:58
Speaker 2: of South Carolina. Kimberly, I know at some point you're
25:04
Speaker 2: not surprised anymore or shocked. I still am amazingly, but
25:09
Speaker 2: how many times has.
25:10
Speaker 1: Someone driven drunk?
25:13
Speaker 2: Statistically by the time they're caught one time.
25:17
Speaker 6: According to the FBI, someone drives an average of eighty
25:21
Speaker 6: times drunk before they're actually stopped.
25:25
Speaker 7: So this number should terrify everyone.
25:28
Speaker 6: When you're driving down the road at one o'clock in
25:31
Speaker 6: the afternoon, which I just got a new case a
25:33
Speaker 6: week ago, someone was killed at one point thirty in
25:36
Speaker 6: the afternoon in the state of South Carolina by a
25:39
Speaker 6: drunk driver. This should terrify you. When you're on your
25:42
Speaker 6: way to pick up your children from school, when you're
25:45
Speaker 6: on your way to church, these people are out there
25:47
Speaker 6: and they're driving drunk around you.
25:50
Speaker 7: That should terrify you.
25:52
Speaker 6: We have so many human beings that are losing their lives,
25:55
Speaker 6: and unfortunately, yes, judges are taking these dui first that
26:00
Speaker 6: they see as victimless crimes, and what they're doing is
26:03
Speaker 6: they are dropping these down to reckless. That just gives
26:06
Speaker 6: these offenders a free pass in all honesty to offend again,
26:10
Speaker 6: and it gives them a superpower almost They feel like
26:14
Speaker 6: they have they're untouchable, so they'll continue the actions.
26:18
Speaker 2: Straight back out to veteran trial lawyer out of the
26:20
Speaker 2: LA jurisdiction.
26:22
Speaker 1: Joseph low is with us Low.
26:26
Speaker 2: In preparation for tonight, I cross examined a colleague whose
26:31
Speaker 2: specialty is DUI defense, including DUI homicide, and I said,
26:40
Speaker 2: if you had any DUIs lately? And he said, oh yeah,
26:46
Speaker 2: I had a DUI vehicular homicide and guess what I got?
26:50
Speaker 2: It plued down to reckless driving, which is basically a citation.
26:56
Speaker 2: And he was so proud, he was so oh proud.
27:01
Speaker 2: And I knew that you and I were discussing this tonight.
27:05
Speaker 2: I mean, at a certain point it's just wrong, but
27:11
Speaker 2: judges go.
27:12
Speaker 1: Along with it. What do you make of this case?
27:16
Speaker 2: You've got fleeing the scene hit and run, leaving the
27:22
Speaker 2: young mom on the side of the road.
27:24
Speaker 1: We know she was already dead, but he didn't know that.
27:27
Speaker 2: Just leaving there, leaving her there so he can get
27:30
Speaker 2: to the liquor store.
27:31
Speaker 15: Low, Well, clearly the defense lawyer is going to have
27:36
Speaker 15: their work cutout for him.
27:37
Speaker 4: But let me play the role for a minute.
27:39
Speaker 15: If I had this case and I wanted to win it,
27:41
Speaker 15: I had to win it. It was the right thing
27:43
Speaker 15: to do, because I'm supposed to sell USA fight for
27:45
Speaker 15: my clients.
27:46
Speaker 4: Right, So here's what I'd say. I'd say to the judge, Judge, all.
27:49
Speaker 15: Those things you just heard that you hit her that hard,
27:52
Speaker 15: going that fast, being that drunk, and drove her that
27:55
Speaker 15: far eight blocks or more still at the same spat,
27:58
Speaker 15: and then ends up in a liquor store.
28:00
Speaker 4: Clearly, clearly, this man.
28:03
Speaker 15: Is so addicted to alcohol that he hasn't the ability
28:07
Speaker 15: to even be a functioning civilianist citizen, which is why
28:11
Speaker 15: we're so angry at him, and the reason if we
28:15
Speaker 15: stay angry at him, that he's gonna go to prison.
28:17
Speaker 4: In this case, he's gonna go to prison if you're
28:19
Speaker 4: looking at the charges.
28:21
Speaker 15: But if he comes out, which he will, and he'll
28:23
Speaker 15: probably be somewhere on thirty five, maybe forty, he's gonna
28:27
Speaker 15: be even worse, and he's gonna be back on the streets,
28:29
Speaker 15: and we're gonna see this again, and to some other
28:31
Speaker 15: judge is gonna get the same problem.
28:33
Speaker 4: So, judge, what I.
28:33
Speaker 15: Want you to do is not put him in the
28:36
Speaker 15: human warehouse for fourteen fifteen years and make it worse.
28:40
Speaker 15: Let's get him the treatment he needs that gives him
28:42
Speaker 15: the best chance he possibly has to be able to
28:44
Speaker 15: be a functioning member of society and address the real issue,
28:47
Speaker 15: which is the alcoholism.
28:49
Speaker 4: That's pretty much where the defense is gonna go.
28:51
Speaker 15: And that's why if it works, it works is because
28:55
Speaker 15: a lot of times they'll buy off on that. It's
28:57
Speaker 15: the substance abuse angle probably where they're gonna go.
29:01
Speaker 2: Okay, have you ever seen a snake charmer, maybe on
29:05
Speaker 2: National Geographic or something like that, where the snakes doing
29:08
Speaker 2: like that, and the snake charmer's doing like that and
29:11
Speaker 2: they have this symbiotic thing going on.
29:13
Speaker 1: You know what.
29:14
Speaker 2: Thank God, I know better than to believe anything you
29:17
Speaker 2: just said, because it was very, very.
29:19
Speaker 1: Compelling, And now I know how you meant when.
29:22
Speaker 2: So many cases you look at the judge just like
29:25
Speaker 2: you look at that camera, and you go off on
29:27
Speaker 2: a roll and it all makes sense and then it's
29:30
Speaker 2: all over and the judges let the guy walk out
29:32
Speaker 2: of the courthouse with the reckless driving.
29:34
Speaker 1: That's how you do it. Crime Stories with Nancy Grace.
29:48
Speaker 2: I want to go back to this getting sentenced to
29:51
Speaker 2: watching an online Mothers against drunk Driving video. That is
29:57
Speaker 2: his sentence straight out to doctor Bethany Marsh joining US
30:00
Speaker 2: psychoanalyst out of the LA Jurisdiction, author of deal Breaker.
30:04
Speaker 2: You can see her now on Peacock and you can
30:06
Speaker 2: find her at doctor Bethany Marshall dot com Doctor Bethany Marshall.
30:10
Speaker 2: I know better than to ask Joseph Lowe this question
30:13
Speaker 2: because somehow he'll worm out of it. But the law is,
30:16
Speaker 2: doctor Bethany, that voluntary use of drugs or alcohol is
30:20
Speaker 2: never a defense.
30:22
Speaker 1: What he was.
30:23
Speaker 2: Talking about is mitigation. When the guys play guilty, it's
30:28
Speaker 2: not a fact finding mission anymore. It's about getting a
30:32
Speaker 2: light sentence. Drugs and alcohol not a defense in the
30:37
Speaker 2: guilt innocents phase. So one thing I want to understand
30:42
Speaker 2: is what he just said, which is right.
30:44
Speaker 1: How the guy is straight back up at the liquor store.
30:48
Speaker 14: You know, Nancy, He has an addiction, a compulsion, and
30:52
Speaker 14: the one of the very essential features of an addiction
30:56
Speaker 14: is lack of insight into the harm it will cause
31:00
Speaker 14: other people. So if this guy does not have consequences,
31:04
Speaker 14: he will just go right back out and use. He
31:06
Speaker 14: needs to be behind bars, not only for society because
31:10
Speaker 14: he needs to get the fumes out.
31:11
Speaker 1: He needs to be.
31:12
Speaker 14: Behind bars for fourteen fifteen years so that he can
31:16
Speaker 14: be sober if he can be sober behind bars. You know,
31:19
Speaker 14: the things if with addiction, Nancy is that it never
31:22
Speaker 14: goes away. Somebody can be addicted drinking.
31:29
Speaker 2: Bethany, a veteran now lawyer, was a motorman in APD forever.
31:34
Speaker 2: That's how I knew him and come in as a witness,
31:38
Speaker 2: and he would not drink a drop and explained to
31:44
Speaker 2: me that his father was what he called a dry drunk.
31:50
Speaker 1: And that kind of.
31:51
Speaker 2: Goes back to what trial lawyer Joseph Lowe was saying.
31:55
Speaker 2: They get dried out in jail, but I don't know
31:58
Speaker 2: that that cures it. What is a dry drunk, which
32:01
Speaker 2: this gual certainly is not.
32:05
Speaker 16: Well.
32:05
Speaker 14: You know a lot of addicts have what we call
32:08
Speaker 14: dual diagnosis, which is there is a comorbidity with another
32:11
Speaker 14: psychiatric illness, like my polar schizophrenia personality disorder. So the
32:16
Speaker 14: dry drunk maybe they're not drinking, but they still have
32:20
Speaker 14: all the other issues associated with addiction. I think of
32:24
Speaker 14: it like if you're driving down the road and there's
32:26
Speaker 14: a big pothole and you hit it, somebody's going to
32:29
Speaker 14: happen to your tires.
32:31
Speaker 1: But what if there's.
32:34
Speaker 14: A little thin shield over the pothole, and you still
32:37
Speaker 14: drive down that road. You're still You're still going to
32:40
Speaker 14: have damage to your vehicle. So sobriety is like that
32:43
Speaker 14: little thin shield and may cover up the addiction, but
32:47
Speaker 14: the pothole is still there. Addiction is chronic throughout the lifespan.
32:54
Speaker 14: The only cure is to not drink, which is why
32:58
Speaker 14: this guy needs to be behind bar.
33:00
Speaker 9: The devoted mom to a young son, Kirsten Social media
33:03
Speaker 9: is covered with family photos, but almost every photo includes
33:07
Speaker 9: her son. One of Kirsten's last posts on Facebook was
33:10
Speaker 9: written directly to her son, saying, as long as I'm living,
33:14
Speaker 9: my baby, You'll be loved and I'll love you forever.
33:18
Speaker 9: Kirsten's friend, describing her as an angel, have set up
33:21
Speaker 9: a GoFundMe to provide help with funeral expenses, with proceeds
33:24
Speaker 9: turned over to Kirsten's mother, Elaine, who will now be
33:27
Speaker 9: standing in the gap caring for her grandson.
33:30
Speaker 3: In a cruel twist of feet, straying across paths with
33:34
Speaker 3: Xavier Rigby, a notorious repeat traffic offender, Rigby spent the
33:39
Speaker 3: night drowning in alcohol, setting off a chain of reckless decisions.
33:44
Speaker 6: Here you are with a prior leaving a scene from
33:46
Speaker 6: twenty twenty two, then in twenty twenty four.
33:49
Speaker 7: This date is generous.
33:50
Speaker 5: Enough to reduce your dui to a reckless.
33:53
Speaker 7: Her purpose is a vond, it's a dui.
33:57
Speaker 4: So then here we are.
33:58
Speaker 5: Now we've now gone to a second d UI, but
34:01
Speaker 5: this time the.
34:02
Speaker 6: Extremely aggravating facts where.
34:05
Speaker 7: You've killed somebody, left to see him and drag their body.
34:10
Speaker 12: And I don't need to need to go any further
34:12
Speaker 12: for how aggravating stifacts are.
34:14
Speaker 2: From our friends at w FLA joining me now is
34:18
Speaker 2: an esteemed medical examiner, doctor Kendall Crowns, the chief medical
34:23
Speaker 2: Examiner Terrance County, that's Fort Worth. He is the star
34:27
Speaker 2: of a hit new podcast, Mayhem in the Morgue, which,
34:30
Speaker 2: by the way, I've listened to on loop. Doctor Kendall Crowns.
34:36
Speaker 2: He is the esteemed lecturer at the Burnett School of Medicine,
34:40
Speaker 2: and that is at TCU. Doctor Kendall Crowns, let me
34:45
Speaker 2: ask you. We know that this single mom, sole caregiver
34:50
Speaker 2: to her little boy, is riding her e bike when
34:54
Speaker 2: she is hit at about sixty five miles an hour.
35:00
Speaker 2: She is thrown onto the windshield and when first responders
35:05
Speaker 2: get there, she's dead. But is it possible, doctor Kendall Crowns,
35:14
Speaker 2: that she lived long enough to know she was dying.
35:21
Speaker 16: Oh, yes, it's a possibility. From what I've read. The
35:24
Speaker 16: car struck her from behind, so potentially her back gets
35:29
Speaker 16: hit by the car, pelvic region gets shattered. She flips
35:33
Speaker 16: backward onto the windshield, crushing the windshield. That would possibly
35:38
Speaker 16: break ribs, break her thoracic spine, or make her a paraplegic,
35:43
Speaker 16: but not necessarily compromise her head if she had a
35:46
Speaker 16: helmet on, especially or break her neck. So she's now
35:49
Speaker 16: wedged in the window, broken glass penetrating her skin. She
35:53
Speaker 16: would have rib fractures. She would be bleeding internally as
35:57
Speaker 16: well as externally, but not necessarily be immediately. She probably
36:01
Speaker 16: had several minutes of survivability where she was sitting in
36:06
Speaker 16: that window on the hood of that car, bleeding out.
36:10
Speaker 2: Doctor Kendall Crowns, Have you ever undergone surgery and they
36:13
Speaker 2: put you under anesthesia?
36:15
Speaker 1: Yes, me too.
36:17
Speaker 2: And the last thing I'm thinking is I hear them
36:21
Speaker 2: saying count backwards, and I start counting backwards, and then
36:26
Speaker 2: I quit counting, and pray, Lord, let me live through
36:31
Speaker 2: this surgery so I can raise the twins.
36:36
Speaker 1: They are my last thought. I wonder if she could
36:44
Speaker 1: think about.
36:45
Speaker 2: Her baby boy, or if she was in so much pain,
36:49
Speaker 2: or was she knocked out when she was first hit
36:51
Speaker 2: when she flew through the air and crashed into his windshield.
36:55
Speaker 1: But people have recounted their last.
36:59
Speaker 2: Memories before they died and they were brought back resuscitated.
37:03
Speaker 2: I've had witnesses tell me their last memories, and they
37:07
Speaker 2: were almost always of their children.
37:10
Speaker 16: It's possible that would be her last memory, but she conscious.
37:14
Speaker 16: It's debatable if she hit her head or not. But
37:18
Speaker 16: if she is conscious, it is a possibility because if
37:22
Speaker 16: her head's not compromised, she would still possibly be able
37:26
Speaker 16: to think and feel. And who knows where he last
37:29
Speaker 16: memories will be. But I agree with you, most people's
37:32
Speaker 16: last memories that have children are thinking about their children
37:36
Speaker 16: and what will happen to them before they go unconscious.
37:40
Speaker 2: Joining me a fellow warrior in the trenches, Cheryl McCollum
37:44
Speaker 2: and I started fighting crime together many years ago. We
37:49
Speaker 2: met fighting domestic violence. Cheryl McCollum, now star of a
37:56
Speaker 2: hit podcast, Zone Seven. Cheryl, I've had victims tell me
38:02
Speaker 2: so many different variations of what happened to them.
38:06
Speaker 1: It's almost always who's going to take care of my children?
38:11
Speaker 1: That's their last thought.
38:12
Speaker 2: Forget their pain, forget what they've been through. That's what
38:16
Speaker 2: they're thinking. They're not thinking I'm dying. They're thinking about
38:20
Speaker 2: their child.
38:21
Speaker 8: See, there's no doubt in my mind that every single
38:25
Speaker 8: thing she did from the moment that they got here
38:29
Speaker 8: was for him, about him, because of him. There's no question.
38:35
Speaker 8: And you know, I think people when they say, well,
38:38
Speaker 8: I mean it's just drunk driving, we get what if
38:41
Speaker 8: the video. Drunk driving is the same as shooting a
38:46
Speaker 8: gun and a crowd of people. You may or may
38:49
Speaker 8: not hit anybody, You may or may not kill anybody,
38:53
Speaker 8: but you take the risk every single time you do it,
38:58
Speaker 8: and you don't.
38:59
Speaker 1: Care who it hit.
39:00
Speaker 8: You don't care who it kills. That's the roost you take.
39:04
Speaker 8: And what this person took from this little boy, he
39:09
Speaker 8: deserves to spend the rest of their life in jail.
39:11
Speaker 2: A drunk driver who continues to drive up to a
39:15
Speaker 2: mile with the dead victim on the windshield. Believe it
39:18
Speaker 2: or not, this say is not the first time it's happened.
39:21
Speaker 17: Chante Mallard drives home, a route she has taken many times,
39:24
Speaker 17: but this night she strikes Gregory Glenn Biggs, who's walking
39:28
Speaker 17: along the highway. His body is propelled partially through the windshield,
39:32
Speaker 17: but Biggs does not die on impact. Instead of pulling
39:35
Speaker 17: over and calling police, Mallard stops and tries to pull
39:38
Speaker 17: the moaning man off her car. When she can't dislodge
39:41
Speaker 17: the seriously wounded and bleeding man from her windshield, Mallard
39:44
Speaker 17: drives home, parks in the garage, and leaves Biggs there
39:47
Speaker 17: for hours to die.
39:48
Speaker 18: When she was a very loud lord Tansless start flying
39:57
Speaker 18: in the car, a lot of wind, and the glass
40:03
Speaker 18: was just it was just cutting in my skin.
40:06
Speaker 4: It was just sinking me.
40:08
Speaker 1: Boo, who chante?
40:09
Speaker 2: Mallard ran a guy down and she's whining that the
40:14
Speaker 2: glass on her windshield cut her skin.
40:16
Speaker 1: He's dead woman. And then of course there's Stacy Sanchez.
40:21
Speaker 9: Around six twenty am, Jack Tendelson on his way to
40:24
Speaker 9: brother Beino's soup kitchen, the homeless man on the sidewalk
40:27
Speaker 9: when Stacy Sanchez, on her way home from a night
40:30
Speaker 9: of partying, hits Tendlson with such force his body smashes
40:33
Speaker 9: through the windshield, landing in the front passenger seat. The
40:36
Speaker 9: bottom part of one of his legs is severed on impact,
40:39
Speaker 9: later recovered at the back of the car near the
40:41
Speaker 9: rear window.
40:42
Speaker 1: Then there's Nestra Flores, a woman in the drive through
40:45
Speaker 1: at Jack in the Box.
40:46
Speaker 9: Eleven PM calls nine to one one for a welfare
40:49
Speaker 9: check on a man slumped over the wheel of his car.
40:51
Speaker 9: The driver, thirty one year old Nestra Flores, smells like
40:54
Speaker 9: a brewery, says he had a deer inside. Police find
40:58
Speaker 9: a dead human in the passenger seat. The next morning,
41:01
Speaker 9: partial human remains are found in Dallas that matched the
41:03
Speaker 9: remains in Flora's car. The impact is so severe the
41:06
Speaker 9: victim's body thrown through the windshield and came to rest
41:09
Speaker 9: on the passenger seat, and Flores drove thirty eight miles
41:12
Speaker 9: before stopping. Flores has two other driving around intoxicated charges
41:16
Speaker 9: in the last five years.
41:19
Speaker 2: Joseph Lowe, I'm sure you're trying to hide right now,
41:21
Speaker 2: and hope I don't come to you. This guy, Flores
41:27
Speaker 2: had half the victim's body in his car, the other
41:31
Speaker 2: half the passenger seat right beside him. Yes, him, Flores
41:36
Speaker 2: and the other half of the victim was thirty eight
41:39
Speaker 2: miles away, and he didn't know what he said, He
41:44
Speaker 2: didn't know what happened. Who does he think was in
41:45
Speaker 2: the passenger seat right beside him? Just like in this case,
41:51
Speaker 2: what did Rigby think? Why did he think he needed
41:53
Speaker 2: to go to the liquor store with his windshield cracked
41:56
Speaker 2: wide open?
42:00
Speaker 4: Apparently he thought.
42:00
Speaker 15: It was Bambi, And I guess I'm so mutilated he
42:03
Speaker 15: couldn't tell what it was or who it was, which
42:04
Speaker 15: again gives you an idea either how fast he was
42:06
Speaker 15: going or how drunk he really was. I'm going to
42:10
Speaker 15: guess I didn't go so well for him the court
42:11
Speaker 15: to be that unaware and that that ridiculous. But that's
42:16
Speaker 15: what would I have to say? What happened there?
42:19
Speaker 2: And that's where you would argue the addiction aspect, or
42:23
Speaker 2: as you said, angle, I heard that the addiction angle
42:27
Speaker 2: uh to Serena Fazan joining us, Where does the case
42:32
Speaker 2: stand right now? And where is the little boy?
42:35
Speaker 5: The little boy is now with his grandmother, so at
42:40
Speaker 5: least you know he's in the carrying arms of someone
42:43
Speaker 5: who deeply loves him.
42:45
Speaker 1: And what about Rigby, Well, that we.
42:47
Speaker 5: Haven't even talked about this. He was falling asleep in
42:50
Speaker 5: the courtroom. The judge had to reprimand him because he
42:53
Speaker 5: was literally falling asleep in the courtroom.
42:56
Speaker 1: I don't know if you.
42:56
Speaker 7: Guys saw that.
42:58
Speaker 5: He's not even paying attention to anything, so at least
43:02
Speaker 5: he is behind bars. And Nancy, I know we've talked
43:04
Speaker 5: about this, but this is just a system.
43:07
Speaker 7: Wide failure as well.
43:09
Speaker 5: And I know we've talked to Attorney Lowe about this,
43:13
Speaker 5: but there's clearly a moral breakdown with this gentleman. I
43:19
Speaker 5: don't believe there is rehabilitation in this case.
43:23
Speaker 2: You know what, Serena Fason, As correct as you may be,
43:28
Speaker 2: I'm going to leave his moral breakdown to be ferreted
43:33
Speaker 2: out between him and the lord. I'm concerned about his
43:40
Speaker 2: jount rear end going to jail and staying there this time.
43:45
Speaker 1: But Serena Fason, I'm so glad you brought that up.
43:48
Speaker 1: We're showing a video from our friends at Fox thirteen.
43:52
Speaker 2: He's not worried about Kirsten, he's not worried about her baby.
43:59
Speaker 1: He's asleep.
44:00
Speaker 2: He's so unconcerned about what's happening. He's actually falling asleep
44:05
Speaker 2: standing up thank you Serena Faisan And on that note,
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Speaker 2: I will ask if you know or think you know
44:12
Speaker 2: anything about this case, please dial seven two seven five
44:17
Speaker 2: eight zero sixty two hundred seven two seven five eight
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Speaker 2: to sixty two hundred. All we can do now is
44:25
Speaker 2: seek justice for Kirsten's son. We remember an American hero,
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Speaker 2: Deputy Sheriff Sidney Carter, killed an a line of duty,
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Speaker 2: survived by her parents. Grieving parents Annette and Jerry.
44:40
Speaker 1: American hero Sheriff Sidney Carter.
44:45
Speaker 2: Nancy Grace signing off goodbye friend, assass