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October 10, 2025 45 mins

Kjersten Strang is a devoted mom to a young son, and her social media pages show it.  During a bike ride she was struck from behind by the driver of a Nissan Altima,   Xavier Rigby.

Without warning, Rigby slams Kjersten from behind, throwing the 38-year-old mother into the air. The force knocked her into the windshield of Rigby's car, trapping her.   Rigby does not stop; he continues driving for a mile, to a nearby liquor store. 

Police on the scene report Rigby shows multiple signs of impairment, including the smell of alcohol, bloodshot eyes, stumbling, and slurred speech. Rigby also refuses the roadside sobriety test, so police immediately arrest him and haul him off to the Pinellas County Jail. Police charge Rigby with leaving the scene of a crash involving death, vehicular homicide leaving the scene, and DUI manslaughter. 

More shocking details surface after Rigby's arrest, unveiling his previous extensive criminal driving record that includes a previous hit-and-run with DUI charges as well.

 

 

Joining Nancy Grace today: 

  • Lisa Miller - Mother of Samantha Miller, who was killed by a drunk driver on the day of her wedding, April 28, 2023, in Folly Beach, South Carolina
  • Joseph Low - Trial attorney and Founder of the Law Firm of Joseph H. Low IV, one of the few attorneys who practice in military, state and federal courts. Former U.S. Marine. Website: attorney4people.com, Instagram: josephlowesq 
  • Dr. Bethany Marshall -  Psychoanalyst, Author: "Deal Breaker," and featured in hit show "Paris in Love" on Peacock; Instagram & TikTok: drbethanymarshall, X: @DrBethanyLive
  • Sheryl McCollum - Cold Case Investigative Research Institute Founder, Host of podcast: Zone 7, X: @149zone7
  • Kimberly Cockrell - Victim Services Manager at Mothers Against Drunk Driving (MADD) Website: MADD.ORG FB: Mothers Against Drunk Driving    Insta: @maddnational
  • Dr. Kendall Crowns - Chief Medical Examiner Tarrant County (Ft Worth), NEW Podcast "Mayhem in the morgue" launching soon, Lecturer: Burnett School of Medicine at TCU (Texas Christian University) 
  • Sarina Fazan - Four-time Emmy Award-winning TV Anchor & Reporter; Podcast: "On The Record with Sarina Fazan;" YouTube: Sarina Fazan TV
  • Dave Mack  - Crime Stories Investigative Reporter 

See omnystudio.com/listener for privacy information.

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Transcript

Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
Crime Stories with Nancy Grace.

Speaker 2 (00:06):
A suspect keeps driving with a young single mom dead
on his windshield after he mows her down dead. The
young mom dead on his windshield and he keeps driving

(00:27):
estimate for miles wait for it. In the last four years,
he had been charged nine times with road related incidents.

Speaker 1 (00:41):
Why was he behind the wheel? Why is this single mom?
She is the sole caregiver for her little boy.

Speaker 2 (00:50):
Now she's dead, and all she was doing was riding
along on an e bike, minding her own business until
Xavier Rigby crashes into her life.

Speaker 1 (01:03):
I mean, see, Grace, this is crime Stories.

Speaker 2 (01:06):
I want to thank you for being with us.

Speaker 3 (01:20):
Kirsten Strayng was a devoted single mother whose life revolved
around her young son. Their days were filled with trips
to the beach and creating a fun life for the
two until one faithful night.

Speaker 4 (01:31):
Shattered their world forever.

Speaker 1 (01:35):
Those photos are killing me.

Speaker 2 (01:38):
It reminds me of the thousands and thousands of photos
I took of the twins when they were little. According
to everyone to whom we have spoken, this mom, Kirsten lived,
lived for her little boy, and now she's gone. She

(01:58):
is a soul car than give her to her son,
what's going.

Speaker 1 (02:02):
To happen to him now?

Speaker 2 (02:04):
And what about her dreams of seeing him graduate from kindergarten,
then gone to first grade, then middle school, high school, college,
and beyond her leading.

Speaker 1 (02:16):
Him along the way? Is only one.

Speaker 2 (02:20):
Person can do, and that is your mother. Enter the suspect,
Xavier Rigby.

Speaker 1 (02:31):
And let me just go out on a limb.

Speaker 2 (02:33):
And say, raw in hell Rigby. Yes, he's presumed innocent
until proven guilty. And I'm going to have a couple
of rounds of a veteran trial lawyer named Jacob Lowe
in just a moment on this case.

Speaker 1 (02:46):
But first I.

Speaker 2 (02:47):
Want to go to a veteran investigative reporter, a four
time Emmy Award winning TV anchor and producer, Serena Fazan.

Speaker 1 (02:57):
Serena, what happened?

Speaker 5 (03:00):
Oh my gosh, I mean, Nancy, don't you think this
was absolutely a failure in the system as well? We
lost a beautiful mother. But what was he doing out
in the road in the first place? I mean, you
saw the disdaining.

Speaker 1 (03:15):
Larch, Serena. Normally I take a chunk out of somebody
that tries.

Speaker 2 (03:20):
To blame the system instead of blaming the suspect. But
this time I agree with you. I mean, do I
have the count right? Because I actually think I've missed
some nine road related charges in four years. What whack
adoodle judge let this guy out?

Speaker 1 (03:42):
You know what? Hold on, Serena.

Speaker 2 (03:44):
Fazan with all the facts with me, But I just
got to go to Kimberley Cockrell, victim services manager at
mad M, a d D Mothers against drunk Driving South
Carolina who happened to have lost her best friend to
a driver. Kimberly, does it never end because there's plenty

(04:05):
of blame to pass around here, But can we just
focus on the technical legal term a whole judge that
let this guy walk nine road related offenses, including leaving
the scene a crash before you know, I hate to
even look at him because he's looking at me and like.

Speaker 1 (04:25):
What what did I do? I know what he did?
What does Matt have to say about this?

Speaker 6 (04:30):
Kimberly, We are absolutely more inside by this man's behavior.
This is that it's bad enough that you're drinking and driving,
but then to keep driving for miles with the mother
single mother on the hood of your car.

Speaker 7 (04:49):
That is absolutely vapid.

Speaker 6 (04:51):
I do not understand how this man to continue on
with her on his car and just driving as if
there was nothing wrong.

Speaker 2 (05:00):
I mean, Cheryl McCollum, who has also worked with mad Now,
director of the Cold Case Research Institute and star of
a hit podcast, Zone Seven. Cheryl McCollum. He can't say
he didn't see her. She's on his wind shill. She's
stuck on his wind shield. Mommy on a windshield, Cheryl,

(05:23):
What can he possibly.

Speaker 1 (05:24):
Say to that?

Speaker 8 (05:26):
Not only was that sound overwhelming, his car would have
reacted not just to hitting her, but running over her. Ebite, Nancy,
This is one of those cases where you just have
to say to yourself, he drove with this poor mother
dying on the hood of his car through the windshield.

Speaker 2 (05:49):
Guys, I'm about to go to a veteran trial lawyer
whose handel case is very similar to this, But first
I want to hear.

Speaker 1 (05:57):
Want you to hear what happened.

Speaker 9 (05:59):
Kirs is riding her e bike in the bike lane Gulfport, Florida,
ten pm Saturday night. Nissan Ultima approaches from behind at
a high rate of speed, slams into Kirsten's bike, knocking
the mother into the air, and does not stop. He
continues driving as if there isn't an injured woman on
his windshield.

Speaker 2 (06:16):
Injured dying would be more appropriate. Guys, joining me right
now is a very special guest who I consider to
be a friend. It's Lisa Miller, and she lost a
person most precious to her, her daughter, Samantha, to a

(06:38):
drunk driver. There's Samantha. Is she not absolutely stunning? Do
you see her in that wedding dress? I hate even
say it. She died in her wedding dress at the
hands of a drunk driver, leaving her own wedding reception

(07:02):
on a day that is the day parents live for.

Speaker 1 (07:07):
We live to see our child find the perfect person,
and then we know we've done our job.

Speaker 2 (07:15):
We've hopefully gotten them through school, we've got them established
in life, and then they find the life partner that
we love too. And it all ended on what would
have been the happiest night of Lisa Miller's life.

Speaker 1 (07:31):
Lisa, I just.

Speaker 2 (07:34):
The moment I heard about Kirsten, a single mom, dead
on this guy's windshield, the first thing I thought about
was about you and Samantha. I can't describe the pain
this family must be feeling, but you can Lisa, what

(07:57):
happened the night that Sam was brutally killed.

Speaker 1 (08:01):
By a driver.

Speaker 10 (08:04):
I'll just say that, obviously, nobody will ever understand what
families go through when you lose a child or use a.

Speaker 11 (08:18):
Parent suddenly unexpectedly on the happiest day of their life.
I would not say sorry to Ancy that that was
the happiest day of my life. It was actually the
worst day of my life. And we showed up at
I'm gonna just generalize it a little bit. I don't

(08:39):
want to get into a lot of it. But we
went to the scene after we figured out there was
an accident, and we're told by the police that everybody
that was in the accident was at the hospital, So
obviously I went to the hospital. My daughter drove me

(09:02):
there to find Sam. We get to the hospital, they're
not letting us know where Sam is because everybody on
the golf cart was a John or Jane Doe, because
nobody had their ID with them. Obviously, they're just leaving
the wedding going to the airbnb. So we're looking through

(09:25):
the hallways and still to this day, going in a
hospital with my mom walk through the hallway, I lose
it looking for Sam. Looking for Sam. We're outside waiting.
We're back inside walking around just looking for me and
my daughter, roaming through the halls of the hospital. Finally
go outside again. It's late now. The accident happened at ten,

(09:46):
it's probably one in the morning at this point, and
we're still waiting to find my daughter, and I was
worried about her injuries.

Speaker 1 (09:52):
Little did I know.

Speaker 11 (09:56):
This is the hardest part is while we're outside waiting,
her dad called, who stayed at the scene, and he said,
Sam's not at the hospital. He said, she's here. I
just identified her body.

Speaker 1 (10:19):
She's dead.

Speaker 11 (10:20):
And you can't even imagine that moment. I fell to
the ground and my daughter said, I was pounding on
the ground.

Speaker 1 (10:29):
I don't know.

Speaker 11 (10:32):
What I was doing, obviously, and so she took me home,
not home, but to our airbnb, and I mean it
was kind of blurry after that, but yeah, and I
found out later on that Sam made Eric which places
with her on the golf cart because she didn't like

(10:52):
where she was sitting.

Speaker 12 (10:55):
That pretty much killed me. But it's a pain that
no mother should have to endure. I mean, I've been
lucky that I've managed to connect with some other mothers
that have lost their children, and we have a group.

Speaker 11 (11:09):
Chat and we have a zoom meeting. We all support
each other. And I'm also doing re coaching classes. So
I'm looking forward to doing what Sam would want me
to do, which would be to help others that go
through this.

Speaker 2 (11:23):
Lisa, first of all, I feel so guilty about asking
me what happened, because I know that it's painful and
hurtful to relive it. But I don't think others understand

(11:46):
ve hicular homicide, joint driving deaths are not accidents, and
they are preventable. And for the judge and the current case,
Lisa let this guy out wandering free driving after it
had already had a hit and run nine road incidents

(12:07):
in the past four years, and now Kirsten, a single mom,
is dead. I mean I handle so I prosecuted so
many hvs, habitual violators that had.

Speaker 1 (12:18):
Gone in and out and in and out, and find
somebody's dead. That's what I would get.

Speaker 2 (12:23):
Then when they were a felony, not a misdemeanor, do
UI and the families of the victims would just be
sitting on the front row behind me in court just
crying because nothing can fix it. There's no fix for this.
You can't just put a band aid that's brace them
back team. There's no fix. They're not coming back ever.

(12:45):
And it's hard to explain why a duhy is so
important for us to focus on Lisa.

Speaker 11 (12:55):
I know, and it's amazing. It's amazing the amount of
people that I have met that have lost family members
to DUIs. And these people be they don't get any time,
or they get a year, or they get a you know,
thirty days in jail, or they don't get anything at
all because maybe they were a former police officer.

Speaker 2 (13:17):
I mean, I've heard so many maybe like in this case,
the judge just lets them go. Trust me, Xavi or
Rigby is not a former police officer.

Speaker 1 (13:27):
There was just a slack judge that didn't care. They
just let him walk.

Speaker 2 (13:34):
I don't know the answer, but I do know that
letting a person with this many road incidents.

Speaker 1 (13:42):
Just walk that that's not okay. Oh oh, guys, I
want you.

Speaker 2 (13:49):
To hear the perp that mowed down Samantha whining on
the phone.

Speaker 1 (13:57):
Listen.

Speaker 13 (13:58):
I know, honey, we know, honey, freaking road and this
couldn't happen to anyone, Like why me?

Speaker 6 (14:13):
Why me?

Speaker 11 (14:15):
I don't understand, like this could have happened to so.

Speaker 1 (14:19):
Many other people?

Speaker 2 (14:22):
Is she crazy? You are hearing the perp on the phone.
Thats Jamie Lee Komarowski whining about how did this happen
to me? Why can't it happen to somebody else?

Speaker 1 (14:35):
Nothing happened to her.

Speaker 2 (14:37):
She drove drunk and she killed Samantha and left the
fiance in a pile of bones. He's still having to
have reconstructive surgeries. He barely lived. Did you hear this, doctor,
Bethany Marshall? What is wrong with du Why?

Speaker 1 (14:54):
Killers? I don't get it. It's like, why did this
happen to me? And at the she goes, this could
have happened so many other Baby, what you know, Nancy?

Speaker 2 (15:04):
It's it's so she's saying, Bethany, she's only thinking about herself.

Speaker 7 (15:08):
Nancy, it's so self referential.

Speaker 14 (15:10):
You know, even though the legal limit is point eight
at point oh two, you're seven times more likely to
have an accident. You know that a third of all
traffic related fatalities have alcohol involved. And what I think
with these people is that not only are they so
used to being drunk or high, but they drive around

(15:32):
in what we call a brownout. It's a little different
than a blackout. At blackout is you have no memory,
you don't even know what you're doing. A brown out
is that you're sort of dimly aware and you don't
really care, so you just drive wherever you want without
any thought of consequences.

Speaker 1 (15:51):
Put her up, Bethany. Do you you think I care?

Speaker 2 (15:54):
Do you think it matters to me that the drunk
driver doesn't care?

Speaker 1 (15:59):
They don't care because they're drunk.

Speaker 2 (16:01):
They don't care because they're drost to doctor Bethanie as
not some deep seated psychological problem. They're drawn on their
rear ends. That's why they don't care.

Speaker 11 (16:13):
You know.

Speaker 2 (16:13):
I was just speaking to Lisa Miller about how judges
just let these people walk, like the judge did in
Rigby's case, and now single mom is dead. Just wait,
you've got to hear what a judge sentence Rigby to
last time.

Speaker 9 (16:31):
Rigby has an extensive criminal record, a previous hit and
run and a DUI charge the state reduced to a
reckless driving charge. He also had several traffic infractions, like
speeding more than thirty miles over the speed limit in
his previous dui. Rigby is caught driving on the wrong
side of the road on a divided highway and has
an open container in the charges, but is allowed to

(16:53):
deplete it down to reckless driving, completes DUI school and
a Mother's Against Drunk Driving online victim impact panel.

Speaker 1 (17:00):
Did you hear that? Let me go to Joseph Low.

Speaker 2 (17:04):
He's a veteran trial lawyer who practices in La Never
lack of business there. He's the founder of the law
firm Joseph H. Low, the fourth That means there's been
three before him. Joseph, did you hear what Rigby got
last time? He had to watch a video of the

(17:25):
Mother's Against Drunk Driving panel?

Speaker 1 (17:30):
He had to watch a video that was his punishment.

Speaker 15 (17:34):
What I heard even more is the absolute broken heart
of missus Miller. I can only imagine what that boy
of the gal who unfourseunately lost her life to this guy.

Speaker 4 (17:47):
That is so hard to listen to you.

Speaker 15 (17:50):
And I'm gonna be honest, I brought tears in mind
just listening to Nancy and listen to miss Miller, and
it's we sit and listen to it, and let's just
be real right now. Why we're outrage, Why you're outraged.
Why you should be is because it seems so senseless.
And that's the whole part about the alcohol involved here.
It lends to you to realize that there was no

(18:13):
need for him to drink that much. If he was,
we don't know, but we're being totally was, or at
least the other person. And why why do they have
to drink that much alcohol so that somebody else has
to have everything they've ever owned taken from them and
anything they'll ever have taken from them. But even worse,
that boy's not going to grow up without the love

(18:35):
of a parent in times of his life where he
needs that advice and that comfort and that nurturing.

Speaker 2 (18:39):
I appreciate everything you just said, but this must be
an echo chamber because I've already said that. I ask you,
how does a defense attorney stand by and you're looking
at your HV, your habitual violator client, and you hear
the judge just give him watching a video Mother's against

(19:00):
Joint driving panel video. That's the sentence when you know
this guy either needs to go to jail to dry out,
or to go does some kind of a lockdown rehab,
and he just walks out.

Speaker 1 (19:14):
The door and you know he's going to do it again.
How do you how do you bring yourself to stay quiet?

Speaker 15 (19:21):
I personally would not, and I've had similar cases, not
with this magnitude what I'm about to do, but that
is I have actually said to the court that you
can give them the standard penalties, which is what the
judge did.

Speaker 4 (19:33):
But I've said before this person is.

Speaker 15 (19:36):
Going to need more than that, because otherwise they're going
to be here again. As an officer of the court,
I've taken a solemn oath to make sure I'm helping,
not hurting, and I'm discerning that this person needs more
because I got them some screening and account someone very
professional left doctor Bethany Marshall here.

Speaker 4 (19:52):
He says, this is what they're going to need.

Speaker 15 (19:54):
I have gone to the judge before and say, look,
this is what they really need, and it's a little
bit more. As a result, we're all going to be safer.
That's what's supposed to happen from the defense side as well.

Speaker 4 (20:05):
So you're right, there's no answer to your question.

Speaker 15 (20:07):
That's going to be inflammentory than oh, what's the big deal.
That's what's supposed to happen. And you know what, as well,
and unfortunately doesn't happen.

Speaker 1 (20:14):
Enough crime stories with Nancy Grace.

Speaker 2 (20:26):
Thoseph Low veteran trial lawyer, You're absolutely correct. Sadly, that
is not what happened in the case of Lisa's daughter
Sam or in the current case of Xavier Rigby.

Speaker 9 (20:40):
The perp driving in and out of traffic for eight
blocks with Kirsten still stuck to his windshield. Finally, Kirsten
falls off the windshield, crashing onto the ground. The driver
doesn't call nine to one, one, doesn't stoctor nder Aid,
fails to wait for first responders to arrive. He continues on,
leaving the mortally wounded woman in the roadway.

Speaker 3 (20:58):
Kirston went for a seemingly ordinary bike ride on her
e bike, gliding.

Speaker 1 (21:02):
Along the Gulfport, Florida Kurblane.

Speaker 3 (21:05):
Unbeknownst to her, a reckless man was about to make
a series of catastrophic choices that would change everything.

Speaker 2 (21:14):
Straight back out toward winning TV anchor investigative reporter Serena
fash Serena, where exactly did this happen? So?

Speaker 5 (21:25):
It happening in an area called Gulfport in Nancy. It's
such a beautiful small community. I can imagine how it
shattered that area. You know, it's near the water. The population,
it's a very small population, home to a lot of artists,
hardworking people. I just can't even imagine. I can't even

(21:46):
imagine for the people who witness that.

Speaker 1 (21:49):
This is what happened when responders get to the scene.

Speaker 9 (21:52):
First responders arrive on the scene, but it's too late.
Kirsten has pronounced deceased on the scene. The driver of
the Nissan Ultima is no stranger to traffic offenses. Xavier
Rigby has multiple offenses and knows his duty to stop
and render aid. Instead leaves the woman's crumpled body on
the road and takes off the Penelas County Sheriff's office
quickly identifies the suspect vehicle and tracks Rigby down in

(22:13):
short order, finding the fleeing suspect about a mile away
at a liquor store. The police can smell alcohol on
his breath. He has bloodshot eyes, can barely walk, his
speech is slurred, refuses a roadside sobriety test.

Speaker 1 (22:26):
Let's analyze what we've just learned.

Speaker 2 (22:30):
We learn that the suspect is a mile away already
at a liquor store.

Speaker 1 (22:36):
At a liquor store.

Speaker 2 (22:38):
Kirsten just fell off his windshield where he left her
on the side of the road dead and he goes
straight to a liquor store. Okay, that's not helping anything
to Cheryl McCollum.

Speaker 1 (22:49):
What about it?

Speaker 8 (22:51):
He care more about getting more booze than her life.
He was mission focused. He didn't see her, He didn't
stop when he ran over the bike, he didn't stop
when he flung her off the hood, but he kept
going for a mile.

Speaker 1 (23:09):
To a liquor store.

Speaker 2 (23:11):
You know, I'm very curious on your reaction, Cheryl McCollum
with thus, director of Coldcase Research Institute and star of
a hit podcast Zone seven. Cheryl, did you hear the
judges earlier sentence on the sky let him walk, plugged.

Speaker 1 (23:27):
The case down?

Speaker 2 (23:28):
In that case, he was driving on the wrong side
of the road drunk. That's a head on collision waiting
to happen. With an open container, what does that mean?
That means he's got an open beer or liquor without
a top on it, in other words, drinking it. The
reason we call it open container is because they don't
actually guzzle it down in front of the cops, but
they're sitting there with a beer or alcohol herd alcohol

(23:52):
open in the car, all right, that's called open container.
So he's driving drunk down the wrong side of the
road on a divided highway.

Speaker 1 (24:03):
Ryl.

Speaker 2 (24:03):
That means those victims they can't even go anywhere the
highway's divided. They'll run into a median if they try
to get out of his way, see what I mean.
So it's death to them no matter what they do.
Wrong side of the road, divided highway, open container. It
got planed down to reckless driving. And all he had
to do was watch a video of Mothers Against Drunk

(24:26):
Driving online.

Speaker 1 (24:29):
That's it.

Speaker 8 (24:30):
His prior offenses started four years ago when.

Speaker 11 (24:33):
He was eighteen.

Speaker 8 (24:35):
He hasn't even been legally able to drink except for
a year, and he's already had a DUI prior to that.
Why this guy was not on their radar, I don't know.

Speaker 1 (24:46):
And here's another question.

Speaker 8 (24:47):
I don't know how he still has a car, or
insurance or a driver license.

Speaker 2 (24:52):
Kimberly Cockroll joining us from Mothers Against Drunk Driving out
of South Carolina. Kimberly, I know at some point you're
not surprised anymore or shocked. I still am amazingly, but
how many times has.

Speaker 1 (25:10):
Someone driven drunk?

Speaker 2 (25:13):
Statistically by the time they're caught one time.

Speaker 6 (25:17):
According to the FBI, someone drives an average of eighty
times drunk before they're actually stopped.

Speaker 7 (25:25):
So this number should terrify everyone.

Speaker 6 (25:28):
When you're driving down the road at one o'clock in
the afternoon, which I just got a new case a
week ago, someone was killed at one point thirty in
the afternoon in the state of South Carolina by a
drunk driver. This should terrify you. When you're on your
way to pick up your children from school, when you're
on your way to church, these people are out there
and they're driving drunk around you.

Speaker 7 (25:50):
That should terrify you.

Speaker 6 (25:52):
We have so many human beings that are losing their lives,
and unfortunately, yes, judges are taking these dui first that
they see as victimless crimes, and what they're doing is
they are dropping these down to reckless. That just gives
these offenders a free pass in all honesty to offend again,
and it gives them a superpower almost They feel like

(26:14):
they have they're untouchable, so they'll continue the actions.

Speaker 2 (26:18):
Straight back out to veteran trial lawyer out of the
LA jurisdiction.

Speaker 1 (26:22):
Joseph low is with us Low.

Speaker 2 (26:26):
In preparation for tonight, I cross examined a colleague whose
specialty is DUI defense, including DUI homicide, and I said,
if you had any DUIs lately? And he said, oh yeah,
I had a DUI vehicular homicide and guess what I got?

(26:50):
It plued down to reckless driving, which is basically a citation.
And he was so proud, he was so oh proud.
And I knew that you and I were discussing this tonight.
I mean, at a certain point it's just wrong, but

(27:11):
judges go.

Speaker 1 (27:12):
Along with it. What do you make of this case?

Speaker 2 (27:16):
You've got fleeing the scene hit and run, leaving the
young mom on the side of the road.

Speaker 1 (27:24):
We know she was already dead, but he didn't know that.

Speaker 2 (27:27):
Just leaving there, leaving her there so he can get
to the liquor store.

Speaker 15 (27:31):
Low, Well, clearly the defense lawyer is going to have
their work cutout for him.

Speaker 4 (27:37):
But let me play the role for a minute.

Speaker 15 (27:39):
If I had this case and I wanted to win it,
I had to win it. It was the right thing
to do, because I'm supposed to sell USA fight for
my clients.

Speaker 4 (27:46):
Right, So here's what I'd say. I'd say to the judge, Judge, all.

Speaker 15 (27:49):
Those things you just heard that you hit her that hard,
going that fast, being that drunk, and drove her that
far eight blocks or more still at the same spat,
and then ends up in a liquor store.

Speaker 4 (28:00):
Clearly, clearly, this man.

Speaker 15 (28:03):
Is so addicted to alcohol that he hasn't the ability
to even be a functioning civilianist citizen, which is why
we're so angry at him, and the reason if we
stay angry at him, that he's gonna go to prison.

Speaker 4 (28:17):
In this case, he's gonna go to prison if you're
looking at the charges.

Speaker 15 (28:21):
But if he comes out, which he will, and he'll
probably be somewhere on thirty five, maybe forty, he's gonna
be even worse, and he's gonna be back on the streets,
and we're gonna see this again, and to some other
judge is gonna get the same problem.

Speaker 4 (28:33):
So, judge, what I.

Speaker 15 (28:33):
Want you to do is not put him in the
human warehouse for fourteen fifteen years and make it worse.
Let's get him the treatment he needs that gives him
the best chance he possibly has to be able to
be a functioning member of society and address the real issue,
which is the alcoholism.

Speaker 4 (28:49):
That's pretty much where the defense is gonna go.

Speaker 15 (28:51):
And that's why if it works, it works is because
a lot of times they'll buy off on that. It's
the substance abuse angle probably where they're gonna go.

Speaker 2 (29:01):
Okay, have you ever seen a snake charmer, maybe on
National Geographic or something like that, where the snakes doing
like that, and the snake charmer's doing like that and
they have this symbiotic thing going on.

Speaker 1 (29:13):
You know what.

Speaker 2 (29:14):
Thank God, I know better than to believe anything you
just said, because it was very, very.

Speaker 1 (29:19):
Compelling, And now I know how you meant when.

Speaker 2 (29:22):
So many cases you look at the judge just like
you look at that camera, and you go off on
a roll and it all makes sense and then it's
all over and the judges let the guy walk out
of the courthouse with the reckless driving.

Speaker 1 (29:34):
That's how you do it. Crime Stories with Nancy Grace.

Speaker 2 (29:48):
I want to go back to this getting sentenced to
watching an online Mothers against drunk Driving video. That is
his sentence straight out to doctor Bethany Marsh joining US
psychoanalyst out of the LA Jurisdiction, author of deal Breaker.
You can see her now on Peacock and you can
find her at doctor Bethany Marshall dot com Doctor Bethany Marshall.

(30:10):
I know better than to ask Joseph Lowe this question
because somehow he'll worm out of it. But the law is,
doctor Bethany, that voluntary use of drugs or alcohol is
never a defense.

Speaker 1 (30:22):
What he was.

Speaker 2 (30:23):
Talking about is mitigation. When the guys play guilty, it's
not a fact finding mission anymore. It's about getting a
light sentence. Drugs and alcohol not a defense in the
guilt innocents phase. So one thing I want to understand
is what he just said, which is right.

Speaker 1 (30:44):
How the guy is straight back up at the liquor store.

Speaker 14 (30:48):
You know, Nancy, He has an addiction, a compulsion, and
the one of the very essential features of an addiction
is lack of insight into the harm it will cause
other people. So if this guy does not have consequences,
he will just go right back out and use. He
needs to be behind bars, not only for society because

(31:10):
he needs to get the fumes out.

Speaker 1 (31:11):
He needs to be.

Speaker 14 (31:12):
Behind bars for fourteen fifteen years so that he can
be sober if he can be sober behind bars. You know,
the things if with addiction, Nancy is that it never
goes away. Somebody can be addicted drinking.

Speaker 2 (31:29):
Bethany, a veteran now lawyer, was a motorman in APD forever.
That's how I knew him and come in as a witness,
and he would not drink a drop and explained to
me that his father was what he called a dry drunk.

Speaker 1 (31:50):
And that kind of.

Speaker 2 (31:51):
Goes back to what trial lawyer Joseph Lowe was saying.
They get dried out in jail, but I don't know
that that cures it. What is a dry drunk, which
this gual certainly is not.

Speaker 16 (32:05):
Well.

Speaker 14 (32:05):
You know a lot of addicts have what we call
dual diagnosis, which is there is a comorbidity with another
psychiatric illness, like my polar schizophrenia personality disorder. So the
dry drunk maybe they're not drinking, but they still have
all the other issues associated with addiction. I think of
it like if you're driving down the road and there's

(32:26):
a big pothole and you hit it, somebody's going to
happen to your tires.

Speaker 1 (32:31):
But what if there's.

Speaker 14 (32:34):
A little thin shield over the pothole, and you still
drive down that road. You're still You're still going to
have damage to your vehicle. So sobriety is like that
little thin shield and may cover up the addiction, but
the pothole is still there. Addiction is chronic throughout the lifespan.
The only cure is to not drink, which is why

(32:58):
this guy needs to be behind bar.

Speaker 9 (33:00):
The devoted mom to a young son, Kirsten Social media
is covered with family photos, but almost every photo includes
her son. One of Kirsten's last posts on Facebook was
written directly to her son, saying, as long as I'm living,
my baby, You'll be loved and I'll love you forever.
Kirsten's friend, describing her as an angel, have set up

(33:21):
a GoFundMe to provide help with funeral expenses, with proceeds
turned over to Kirsten's mother, Elaine, who will now be
standing in the gap caring for her grandson.

Speaker 3 (33:30):
In a cruel twist of feet, straying across paths with
Xavier Rigby, a notorious repeat traffic offender, Rigby spent the
night drowning in alcohol, setting off a chain of reckless decisions.

Speaker 6 (33:44):
Here you are with a prior leaving a scene from
twenty twenty two, then in twenty twenty four.

Speaker 7 (33:49):
This date is generous.

Speaker 5 (33:50):
Enough to reduce your dui to a reckless.

Speaker 7 (33:53):
Her purpose is a vond, it's a dui.

Speaker 4 (33:57):
So then here we are.

Speaker 5 (33:58):
Now we've now gone to a second d UI, but
this time the.

Speaker 6 (34:02):
Extremely aggravating facts where.

Speaker 7 (34:05):
You've killed somebody, left to see him and drag their body.

Speaker 12 (34:10):
And I don't need to need to go any further
for how aggravating stifacts are.

Speaker 2 (34:14):
From our friends at w FLA joining me now is
an esteemed medical examiner, doctor Kendall Crowns, the chief medical
Examiner Terrance County, that's Fort Worth. He is the star
of a hit new podcast, Mayhem in the Morgue, which,
by the way, I've listened to on loop. Doctor Kendall Crowns.

(34:36):
He is the esteemed lecturer at the Burnett School of Medicine,
and that is at TCU. Doctor Kendall Crowns, let me
ask you. We know that this single mom, sole caregiver
to her little boy, is riding her e bike when
she is hit at about sixty five miles an hour.

(35:00):
She is thrown onto the windshield and when first responders
get there, she's dead. But is it possible, doctor Kendall Crowns,
that she lived long enough to know she was dying.

Speaker 16 (35:21):
Oh, yes, it's a possibility. From what I've read. The
car struck her from behind, so potentially her back gets
hit by the car, pelvic region gets shattered. She flips
backward onto the windshield, crushing the windshield. That would possibly
break ribs, break her thoracic spine, or make her a paraplegic,

(35:43):
but not necessarily compromise her head if she had a
helmet on, especially or break her neck. So she's now
wedged in the window, broken glass penetrating her skin. She
would have rib fractures. She would be bleeding internally as
well as externally, but not necessarily be immediately. She probably
had several minutes of survivability where she was sitting in

(36:06):
that window on the hood of that car, bleeding out.

Speaker 2 (36:10):
Doctor Kendall Crowns, Have you ever undergone surgery and they
put you under anesthesia?

Speaker 1 (36:15):
Yes, me too.

Speaker 2 (36:17):
And the last thing I'm thinking is I hear them
saying count backwards, and I start counting backwards, and then
I quit counting, and pray, Lord, let me live through
this surgery so I can raise the twins.

Speaker 1 (36:36):
They are my last thought. I wonder if she could
think about.

Speaker 2 (36:45):
Her baby boy, or if she was in so much pain,
or was she knocked out when she was first hit
when she flew through the air and crashed into his windshield.

Speaker 1 (36:55):
But people have recounted their last.

Speaker 2 (36:59):
Memories before they died and they were brought back resuscitated.
I've had witnesses tell me their last memories, and they
were almost always of their children.

Speaker 16 (37:10):
It's possible that would be her last memory, but she conscious.
It's debatable if she hit her head or not. But
if she is conscious, it is a possibility because if
her head's not compromised, she would still possibly be able
to think and feel. And who knows where he last
memories will be. But I agree with you, most people's

(37:32):
last memories that have children are thinking about their children
and what will happen to them before they go unconscious.

Speaker 2 (37:40):
Joining me a fellow warrior in the trenches, Cheryl McCollum
and I started fighting crime together many years ago. We
met fighting domestic violence. Cheryl McCollum, now star of a
hit podcast, Zone Seven. Cheryl, I've had victims tell me

(38:02):
so many different variations of what happened to them.

Speaker 1 (38:06):
It's almost always who's going to take care of my children?
That's their last thought.

Speaker 2 (38:12):
Forget their pain, forget what they've been through. That's what
they're thinking. They're not thinking I'm dying. They're thinking about
their child.

Speaker 8 (38:21):
See, there's no doubt in my mind that every single
thing she did from the moment that they got here
was for him, about him, because of him. There's no question.
And you know, I think people when they say, well,
I mean it's just drunk driving, we get what if

(38:41):
the video. Drunk driving is the same as shooting a
gun and a crowd of people. You may or may
not hit anybody, You may or may not kill anybody,
but you take the risk every single time you do it,
and you don't.

Speaker 1 (38:59):
Care who it hit.

Speaker 8 (39:00):
You don't care who it kills. That's the roost you take.
And what this person took from this little boy, he
deserves to spend the rest of their life in jail.

Speaker 2 (39:11):
A drunk driver who continues to drive up to a
mile with the dead victim on the windshield. Believe it
or not, this say is not the first time it's happened.

Speaker 17 (39:21):
Chante Mallard drives home, a route she has taken many times,
but this night she strikes Gregory Glenn Biggs, who's walking
along the highway. His body is propelled partially through the windshield,
but Biggs does not die on impact. Instead of pulling
over and calling police, Mallard stops and tries to pull
the moaning man off her car. When she can't dislodge
the seriously wounded and bleeding man from her windshield, Mallard

(39:44):
drives home, parks in the garage, and leaves Biggs there
for hours to die.

Speaker 18 (39:48):
When she was a very loud lord Tansless start flying
in the car, a lot of wind, and the glass
was just it was just cutting in my skin.

Speaker 4 (40:06):
It was just sinking me.

Speaker 1 (40:08):
Boo, who chante?

Speaker 2 (40:09):
Mallard ran a guy down and she's whining that the
glass on her windshield cut her skin.

Speaker 1 (40:16):
He's dead woman. And then of course there's Stacy Sanchez.

Speaker 9 (40:21):
Around six twenty am, Jack Tendelson on his way to
brother Beino's soup kitchen, the homeless man on the sidewalk
when Stacy Sanchez, on her way home from a night
of partying, hits Tendlson with such force his body smashes
through the windshield, landing in the front passenger seat. The
bottom part of one of his legs is severed on impact,
later recovered at the back of the car near the

(40:41):
rear window.

Speaker 1 (40:42):
Then there's Nestra Flores, a woman in the drive through
at Jack in the Box.

Speaker 9 (40:46):
Eleven PM calls nine to one one for a welfare
check on a man slumped over the wheel of his car.
The driver, thirty one year old Nestra Flores, smells like
a brewery, says he had a deer inside. Police find
a dead human in the passenger seat. The next morning,
partial human remains are found in Dallas that matched the
remains in Flora's car. The impact is so severe the

(41:06):
victim's body thrown through the windshield and came to rest
on the passenger seat, and Flores drove thirty eight miles
before stopping. Flores has two other driving around intoxicated charges
in the last five years.

Speaker 2 (41:19):
Joseph Lowe, I'm sure you're trying to hide right now,
and hope I don't come to you. This guy, Flores
had half the victim's body in his car, the other
half the passenger seat right beside him. Yes, him, Flores
and the other half of the victim was thirty eight

(41:39):
miles away, and he didn't know what he said, He
didn't know what happened. Who does he think was in
the passenger seat right beside him? Just like in this case,
what did Rigby think? Why did he think he needed
to go to the liquor store with his windshield cracked
wide open?

Speaker 4 (42:00):
Apparently he thought.

Speaker 15 (42:00):
It was Bambi, And I guess I'm so mutilated he
couldn't tell what it was or who it was, which
again gives you an idea either how fast he was
going or how drunk he really was. I'm going to
guess I didn't go so well for him the court
to be that unaware and that that ridiculous. But that's
what would I have to say? What happened there?

Speaker 2 (42:19):
And that's where you would argue the addiction aspect, or
as you said, angle, I heard that the addiction angle
uh to Serena Fazan joining us, Where does the case
stand right now? And where is the little boy?

Speaker 5 (42:35):
The little boy is now with his grandmother, so at
least you know he's in the carrying arms of someone
who deeply loves him.

Speaker 1 (42:45):
And what about Rigby, Well, that we.

Speaker 5 (42:47):
Haven't even talked about this. He was falling asleep in
the courtroom. The judge had to reprimand him because he
was literally falling asleep in the courtroom.

Speaker 1 (42:56):
I don't know if you.

Speaker 7 (42:56):
Guys saw that.

Speaker 5 (42:58):
He's not even paying attention to anything, so at least
he is behind bars. And Nancy, I know we've talked
about this, but this is just a system.

Speaker 7 (43:07):
Wide failure as well.

Speaker 5 (43:09):
And I know we've talked to Attorney Lowe about this,
but there's clearly a moral breakdown with this gentleman. I
don't believe there is rehabilitation in this case.

Speaker 2 (43:23):
You know what, Serena Fason, As correct as you may be,
I'm going to leave his moral breakdown to be ferreted
out between him and the lord. I'm concerned about his
jount rear end going to jail and staying there this time.

Speaker 1 (43:45):
But Serena Fason, I'm so glad you brought that up.
We're showing a video from our friends at Fox thirteen.

Speaker 2 (43:52):
He's not worried about Kirsten, he's not worried about her baby.

Speaker 1 (43:59):
He's asleep.

Speaker 2 (44:00):
He's so unconcerned about what's happening. He's actually falling asleep
standing up thank you Serena Faisan And on that note,
I will ask if you know or think you know
anything about this case, please dial seven two seven five
eight zero sixty two hundred seven two seven five eight

(44:21):
to sixty two hundred. All we can do now is
seek justice for Kirsten's son. We remember an American hero,
Deputy Sheriff Sidney Carter, killed an a line of duty,
survived by her parents. Grieving parents Annette and Jerry.

Speaker 1 (44:40):
American hero Sheriff Sidney Carter.

Speaker 2 (44:45):
Nancy Grace signing off goodbye friend, assass
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Nancy Grace

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