SUSPECT KEEPS DRIVING WITH YOUNG MOM DEAD ON HIS WINDSHIELD AFTER MOWING HER DOWN

Summary

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Crime Stories with Nancy Grace

Episode: SUSPECT KEEPS DRIVING WITH YOUNG MOM DEAD ON HIS WINDSHIELD AFTER MOWING HER DOWN
Date: October 10, 2025
Host/Producer: Nancy Grace, iHeartPodcasts and CrimeOnline

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EPISODE OVERVIEW

Main Theme:
Nancy Grace leads a blistering investigation into the death of Kirsten Strang, a devoted single mother mowed down by a repeat traffic offender, Xavier Rigby, who then drove for miles with her dying body stuck to his windshield. The episode dissects the system-wide failures that allowed Rigby behind the wheel after nine prior road-related charges, the lasting trauma to victims’ families, and the broader epidemic of drunk and reckless driving—focusing on the justice system’s responsibility and the limits of “rehabilitation.”

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KEY DISCUSSION POINTS & INSIGHTS

1. The Crime: A Reckless Killing

• Case Recount (06:03–06:20):
  • Narrator reconstructs: Kirsten Strang was riding her E-bike in a Gulfport, Florida bike lane at 10 PM when she was struck from behind by Rigby’s speeding Nissan Altima. Rigby kept driving for eight blocks to a liquor store with Kirsten stuck on his windshield, then left her body in the road without calling for help.
• Lingering Questions (01:39–02:40):
  • Nancy questions why Rigby was allowed to keep driving after nine road-related charges in four years, including a previous hit-and-run.

2. Victim’s Life and Loss

• Character Portrait (01:24–01:39):
  • Kirsten was a sole caregiver whose life revolved around her young son. Friends describe their “fun life” together. Social media is filled with photos of mother and son.
• Personal Impact (39:15–40:25):
  • Both Nancy and her expert guests reflect on the agony families face; emphasis is placed on the void left in the son’s life.

3. Repeat Offender: System Failure or Just One Man?

• Prior Offenses (16:35–17:05):
  • Rigby’s criminal record comprises hit and run, prior DUI (reduced to reckless driving), multiple speeding violations.
  • Punishments included DUI school and watching a video victim impact panel from Mothers Against Drunk Driving (MADD).
• Systemic Accountability (03:05–03:21, 25:35–25:56):
  • Veteran reporter Serena Fazan and MADD representative Kimberly Cockrell echo Nancy’s anger, focusing on judicial leniency.
  • Quote (Nancy Grace, 03:21):
    “What wackadoodle judge let this guy out? … There’s plenty of blame to pass around here, but can we just focus on the technical legal term, a hole judge that let this guy walk. Nine road related offenses, including leaving the scene of a crash before.”

4. Victim Families Speak: The Trauma is Universal

• Lisa Miller’s Story (08:08–11:27):
  • Lisa Miller, whose daughter Samantha died at her own wedding at the hands of a drunk driver, shares vivid grief and trauma.
  • Quote (Lisa Miller, 09:12):
    “We’re looking through the hallways… Still to this day, going in a hospital with my mom, walk through the hallway, I lose it. Looking for Sam.”
• Support Systems (11:27):
  • Miller highlights survivor groups and grief coaching as ways of coping, and the necessity of amplifying prevention efforts.

5. Legal and Psychological Analysis

• Limits of Rehabilitation (44:51):
  • Fazan reports Rigby fell asleep in his own hearing, questioning the possibility of rehabilitation for such repeat offenders.
• Addiction and Accountability (15:07–16:06):
  • Dr. Bethany Marshall, psychoanalyst, explains:
    • Drunks may function in a “brownout,” dimly aware and indifferent to consequences.
    • "One of the essential features of addiction is lack of insight into the harm it will cause other people.” [32:52]
• Defense Perspective vs. Reality (17:39–20:25, 30:05–30:47):
  • Attorney Joseph Lowe describes how a zealous defender might seek treatment rather than incarceration, blaming addiction.
  • Nancy rebuts persuasively, describing courtroom “charm” and systemic failures in sentencing.

6. Pattern of Drunk Driving Catastrophe

• Victim Blaming and Perpetrator Narcissism (14:09–15:07):
  • Audio of prior perpetrator Jamie Lee Komorowski whining about consequences:

    “I said this could have happened to anyone. Like why me? Like why me of all people, why me? I don’t understand.”

  • Nancy: "Is she crazy?"
• National Trend (41:16–43:23):
  • Nancy details similar grisly cases of drivers carrying dying or dead victims for miles—Shantae Mallard (left a dying man stuck in windshield), Jack Tenelson/Stacy Sanchez, Nestor Flores (drove 38 miles with a body in the car).
• Frequency of Drunk Driving (26:19):
  • Cockrell:
    “According to the FBI, someone drives an average of 80 times drunk before they’re actually stopped.”

7. Medical Analysis: Did Kirsten Suffer?

• Possible Trauma Awareness (37:14–39:15):
  • Medical examiner Dr. Kendall Crowns:
    "She probably had several minutes of survivability where she was sitting in that window on the hood of that car, bleeding out."
    • Nancy reflects on the likely horror—her last thoughts possibly being of her son.

8. Aftermath and Pursuit of Justice

• Where the Case Stands (44:40–44:49):
  • Kirsten’s little boy is now with his grandmother.
  • Rigby is in jail, but his courtroom conduct (falling asleep) suggests a total lack of remorse.
• Community Response (35:05):
  • GoFundMe has been set up to assist with funeral expenses for Kirsten, with the proceeds to her mother, Elaine.

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NOTABLE QUOTES & MEMORABLE MOMENTS

• “Rot in hell, Rigby.”
  — Nancy Grace (01:39), vehemently expressing frustration over repeat offenders.
• “He cared more about getting more booze than her life. He was mission focused.”
  — Cheryl McCollum (23:55), on Rigby’s actions after the collision.
• “Drunk driving is the same as shooting a gun in a crowd of people… you take the risk every single time you do it.”
  — Cheryl McCollum (40:47)
• “Maybe, like in this case, the judge just lets them go. Trust me, Xavier Rigby is not a former police officer. There was just a slack judge that didn’t care.”
  — Nancy Grace (13:23)
• “According to the FBI, someone drives an average of 80 times drunk before they’re actually stopped.”
  — Kimberly Cockrell (26:19)
• “One of Kirsten’s last posts on Facebook: ‘As long as I’m living, my baby, you’ll be loved, and I’ll love you forever.’”
  — Narrator (35:05)

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TIMESTAMPS OF IMPORTANT SEGMENTS

• 00:00–01:24: Nancy introduces the case—emphasizes the horror and prior offenses of suspect
• 06:03–06:20: Step-by-step initial crime account
• 08:08–11:27: Lisa Miller’s heartbreaking story of losing her daughter to a drunk driver
• 14:09–15:07: Audio of perpretrator’s narcissistic phone call—“Why me?”
• 16:35–17:05: Recap of Rigby’s laughably lenient prior sentences
• 22:19–22:53: Discussion of community impact in Gulfport, FL
• 23:31–23:55: Suspect found at liquor store moments after abandoning victim
• 25:35–25:56: Rigby’s pattern of offenses detailed, questions raised about why he was still driving
• 26:19: FBI statistics on frequency of drunk driving before apprehension
• 37:14–39:15: Forensic discussion—did the victim suffer, was she aware?
• 44:40–44:49: Where are the child and the suspect now?
• 44:51–45:27: Suspect’s courtroom behavior—falling asleep, lack of remorse

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SUMMARY: CONCLUSION AND CALL TO ACTION

This episode lays bare the devastating impact of systemic leniency toward repeat traffic offenders, the preventable tragedy of Kirsten Strang’s death, and the cascading consequences for families left behind. Nancy Grace and her guests fiercely condemn not only the actions of Xavier Rigby, but the culture of complacency in the justice system that enables such tragedies. Listeners are urged to demand accountability, vigilance, and stricter enforcement—to ensure these preventable deaths are not repeated.

If you know anything about this case, contact authorities at 727-582-6200.

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Transcript

[Nancy Grace]

This is an I heart podcast, Crime Stories with Nancy Grace. 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. Estimate for miles. Wait for it. In the last four years, he had been charged nine times with road related incidents. Why was he behind the wheel? Why is this single mom, she is the sole caregiver for her little boy. 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. I'm Nancy Grace, this is Crime Stories. I want to thank you for being with us.

[Narrator]

Kirsten Strang 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 fateful night shattered their world forever.

[Nancy Grace]

Those photos are killing me. 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 is a sole caregiver to her son. What's going to happen to him now? 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 him along the way as only one person can do. That is your mother. Enter the suspect, Xavier Rigby. And let me just go out on a limb and say, rot in hell, Rigby. Yes, he's presumed innocent until proven guilty. And I'm going to have a couple of rounds with a veteran trial lawyer named Jacob Lowe in just a moment on this case. But first I want to go to a veteran investigative reporter, a four time Emmy award winning TV anchor and producer, Serena Fazan. Serena, what happened? Oh my gosh.

[Serena Fazan]

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 disdain. And.

[Nancy Grace]

Serena, normally I take a chunk out of somebody that tries 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 wackadoodle judge let this guy out? You know what, hold on. Serena Fazan with all the facts with me, but I just got to go to Kimberly Cockrell, victim services manager at Mad Mad Mothers Against Drunk Dr. South Carolina, who happened to have lost her best friend to a drunk driver. Kimberly, does it never end? Because there's plenty of blame to pass around here, but can we just focus on the technical legal term a hole judge that let this guy walk. Nine road related offenses, including leaving the scene of a crash before. You know, I hate to even look at him because he's looking at me like, what? What did I do? I know what he did. What does man have to say about this?

[Kimberly Cockrell]

Kimberly, we are absolutely mortified 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. The mother, single mother on the hood of your car. That is absolutely vapid. I do not understand how this man could continue on with her on his car and just driving as if there was nothing wrong.

[Nancy Grace]

I mean, Sheryl McCollum, who has also worked with Mad, now director of the Cold Case Research Institute and star of a hit podcast, Zone 7. Cheryl McCollum. He can't say he didn't see her. She's on his windshield. She's stuck on. On his windshield. Mommy on a windshield. Cheryl, what can he possibly say to that?

[Cheryl McCollum]

Not only was that sound overwhelming, his car would have reacted not just to hitting her, but running over her E bike. 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.

[Nancy Grace]

Guys, I'm about to go to a veteran trial lawyer who has handled cases very similar to this. But first I want to hear, I want you to hear what happened.

[Narrator]

Kirsten Strang is riding her E bike in the bike lane. Gulfport, Florida. 10pm Saturday night. Nissan Altima 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.

[Nancy Grace]

And you're 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 drunk driver. There's Samantha. Is she not absolutely stunning? Do you see her in that wedding dress? I hate to even say it. She died in her wedding dress at the hands of a drunk driver, leaving her own wedding reception on a day that is the day parents live for. We live to see our child find the perfect person. And then we know we've done our job. 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. Lisa, I just. 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 happened the night that Sam was. Was brutally killed by a drunk driver?

[Lisa Miller]

I'll just say that obviously nobody will ever understand what families go through when you lose a child or use a parent suddenly, unexpectedly, on the happiest day of their life. I would not say. Sorry, Nancy, that that was the happiest day of my life. It was actually the worst day of my life.

[Narrator]

And.

[Lisa Miller]

We showed up at. I'm gonna just generalize it a little bit. I don't want to get into a lot of it, but we went to the scene after we figured out there was an accident and were 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 there to find Sam. We get to the hospital.

[Kimberly Cockrell]

They'Re not.

[Lisa Miller]

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 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. Me and my daughter roaming through the halls of the hospital. Finally go outside again. It's late now. The accident happened at 10. 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. Little did I know. 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. Sorry. He said, she's here. I just identified her body. And you can't even imagine that moment. I fell to the ground, and my daughter said I was pounding on the ground. I don't know 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 switch places with her on the golf cart because she didn't like where she was sitting. 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 chat, and we have a zoom meeting. We all support each other. And I'm also doing grief 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.

[Nancy Grace]

Lisa, first of all, I feel so guilty about asking you what happened, because I know that it's painful and hurtful to relive it, but I don't think others understand. Vehicular homicide. Joint driving deaths are not accidents, and they are preventable. And for the judge in the current case, Lisa let this guy out wandering free driving after he'd already had a hit and run. Nine road incidents in the past four years. And now Kirsten, a single mom, is dead. I mean, I handled. So I prosecuted so many HVs, habitual violators that had gone in and out and in and out, and finally, somebody's dead. That's when I would get them. When they were a felony, not a misdemeanor dui. 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 and spray some back teeth. There's no fix. They're not coming back ever. And it's hard to explain why a DUI is so important for us to focus on. Lisa.

[Lisa Miller]

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, the. They don't get any time, or they get a year, or they get a, you know, 30 days in jail, or they don't get anything at all because maybe they were a former police officer. I mean, I've heard so many.

[Nancy Grace]

Maybe, like, in this case, the judge just lets them go. Trust me, Xavier Rigby is not a former police officer. There was just a slack judge that didn't care. They just let him walk. I don't know the answer, but I do know that letting a person with this many road incidents just walk, that. That's not okay. Oh. Oh. Guys, I want you to hear the perp that mowed down Samantha whining on the phone. Listen.

[Lisa Miller]

And it was a golf cart.

[Nancy Grace]

I know, honey. We know, honey. Okay.

[Lisa Miller]

Loud on the frickin road. I said this could have happened to anyone. Like why me? Like why me of all people, why me? I don't understand. Like this could have happened to so many other people.

[Nancy Grace]

Is she crazy? You are hearing the perp on the phone. That's Jamie Lee Komorowski whining about how did this happen to me? Why couldn't it happen to somebody else? Nothing happened to her. 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? Dr. Bethany Marshall? What is wrong with DUI killers? I don't get it. It's like why did this happen to me? And at the end she goes, this could have happened to so many other people.

[Dr. Bethany Marshall]

You know, Nancy, it's so self.

[Nancy Grace]

What are you saying Bethany?

[Dr. Bethany Marshall]

She's only thinking about herself, Nancy. It's so self referential. You know, even though the legal limit is 0.08, at 0.02 you're 7 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 in what we call a brownout. It's a little different than a blackout. A blackout is you have no memory, you don't even know what you're doing. A brownout is you're sort of dimly aware and you don't really care. So you just drive wherever you want without any thought of consequences.

[Nancy Grace]

Put her up. Bethany. Do you think I care? Do you think it matters to me that the drunk driver doesn't care? They don't care because they're drunk.

[Dr. Bethany Marshall]

They don't care because they're drunk.

[Nancy Grace]

To Dr. Bethany, it's not some deep seated psychological problem. They're drunk on their rear ends. That's why they don't care. You know, 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 sentenced Rigby to last time.

[Narrator]

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 has several traffic infractions like speeding more than 30 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 and has an Open container in the charges, but is allowed to plead it down to reckless driving. Completes DUI school and a Mothers Against Drunk Driving online victim impact panel.

[Nancy Grace]

Did you hear that? Let me go to Joseph Lowe. 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. Lowe 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 a Mothers Against Drunk Driving panel. He had to watch a video. That was his punishment.

[Joseph Lowe]

What I heard even more is the absolute broken heart of Mrs. Miller. I can only imagine what that boy, of the gal who unfortunately lost her life to this guy, that is so hard to listen to. And I'll be honest, I brought tears in my eyes just listening to you, Nancy, and listening to Ms. Miller. And we sit and listen to it and let's just be real right now, why we're outraged, 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 need for him to drink that much if he was know, but we're being told he 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 is now going to grow up without the love of a parent in times of his life where he needs that advice and that comfort and that nurturing.

[Nancy Grace]

I appreciate everything you just said, but this must be an echo chamber because I've already said that I asked 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, a Mothers Against Drunk Driving panel video. That's the sentence when you know this guy either needs to go to jail to dry out or to go to some kind of a lockdown rehab. And he just walks out the door and you know he's going to do it again. How do you. How do you bring yourself to stay quiet?

[Joseph Lowe]

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. But I've said before, this person is going to need more than that. Because otherwise we'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 if I've discerned that this person needs more because I got them some screening and accounting and someone very professional like Dr. Bethany Marshall here, who says this is what they're going to need, I have gone to the judge before and said, look, this is what they really need and it's a little bit more. But as a result, we're all going to be safer. That's what's supposed to happen from the defense side as well. So you're right, there's no answer to your question. That's gonna be inflammatory. Then, oh, what's the big deal? That's what's supposed to happen. And you know, it as well and unfortunately doesn't happen enough.

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[Nancy Grace]

Crime stories with Nancy Grace Joseph Lowe, 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.

[Narrator]

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 911, doesn't stop to render aid, fails to wait for first responders to arrive. He continues on, leaving the mortally wounded woman in the roadway. Kirsten went for a seemingly ordinary bike ride on her E bike, gliding along the Gulfport, Florida curb lane. Unbeknownst to her, a reckless man was about to make a series of catastrophic choices that would change everything.

[Nancy Grace]

Straight back out to award winning TV anchor and investigative reporter Serena Fizan. Serena, where exactly did this happen?

[Serena Fazan]

So it happened in an area called Gulfport and 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 imagine. For the people who witnessed that, this.

[Nancy Grace]

Is what happens when responders get to the scene.

[Narrator]

First responders arrive on the scene, but it's too late. Kirsten is pronounced deceased on the scene. The driver of the Nissan Altima 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 Pinellas County Sheriff's Office quickly identifies the suspect vehicle and tracks Rigby down in short order, finding the fleeing suspect about a mile away at a liquor store. Police can smell alcohol on his breath. He has bloodshot eyes, can barely walk. His speech is slurred. Refuses a roadside sobriety test.

[Nancy Grace]

Let's analyze what we just learned. We learn that the suspect is a mile away already. At a liquor store. At a liquor store. 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 Sheryl McCollum. What about it?

[Cheryl McCollum]

He cared 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 to a liquor store.

[Nancy Grace]

You know, I'm very curious, your reaction. Cheryl McCollum with us, Director of Cold Case Research Institute and star of a hit podcast, Zone 7. Cheryl, did you hear the judge's earlier sentence on this guy? Let him walk, pled the case down. 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, hard alcohol, 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. Cheryl, 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 played down to reckless driving. And all he had to do was watch a video of Mothers Against Drunk Driving online. That's it.

[Cheryl McCollum]

His prior offenses started four years ago when he was 18. 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. And here's another question. I don't know how he still has a car or insurance or driver's license.

[Nancy Grace]

Kimberly Cockrell 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 someone driven drunk statistically by the time they're caught?

[Kimberly Cockrell]

One time, According to the FBI, someone drives an average of 80 times drunk before they're actually stopped. So this number should terrify everyone 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 1:30 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. That should terrify you. We have so many human beings that are losing their lives. And unfortunately, yes, judges are taking these DUI firsts 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 that they feel like they have. They're untouchable. So they'll continue the actions straight back.

[Nancy Grace]

Out to veteran trial lawyer out of the LA jurisdiction. Joseph Lowe is with us. Lowe. In preparation for tonight, I cross examined a colleague whose specialty is DUI defense, including DUI homicide. And I said, have you had any DUIs lately? And he said, oh, yeah, I had a DUI vehicular homicide. And guess what? I got it played down to reckless driving, which is basically a citation. And he was so proud. He was so proud. And I knew that you and I were discussing this tonight. I mean, at a certain point it's just wrong, but judges go along with it. What do you make of this case? You've got fleeing the scene, hit and run, leaving the young mom on the side of the road. We know she was already dead. But he didn't know that. Just leaving there, leaving her there so he can get to the liquor store low.

[Joseph Lowe]

Well, clearly the defense lawyer is going to have their work cut out for him. But let me play the role for a minute. 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 zealously fight for my clients rights. Here's what I'd say. I'd say to the judge, judge, all those things you just heard, that he hit her that hard, going that fast, being that drunk, and drove her that far, eight blocks or more, still the same speed, and then ends up at a liquor store. Clearly, clearly this man is so addicted to alcohol that he hasn't the ability to even be a functioning civilian or citizen. Which is why we're so angry at him. And the reason if we stay angry at him, that he's going to go to prison in this case. He's going to go to prison if you look at the charges. But if he comes out, which he will, and he'll probably be somewhere on 35, maybe 40, he's going to be even worse and he's going to be back on the streets and we're going to see this again and some other judge is going to get the same problem. So judge, what I want you to do is not put him in the human warehouse for 14, 15 years and make him 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. That's pretty much where the defense is going to go. And that's why if it works, it works because a lot of times they'll buy off on that. It's the substance abuse angle probably where they're going to go with it.

[Nancy Grace]

Okay, have you ever seen a snake charmer, maybe on National Geographic or something like that, where the snake's doing like that and the snake charmers doing like that and they have this symbiotic thing going on. You know what? Thank God I know better than to believe anything you just said because it was very, very compelling. And now I know how you win so many cases. You look at the judge just like you look at that camera and, 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. That's how you do.

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[Nancy Grace]

Crime stories with Nancy Grace. 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 Dr. Bethany Marshall 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 Dr.bethany marshall.com Dr. Bethany Marshall, I know better than to ask Joseph Lowe this question because somehow he'll worm out of it. But the law is, Dr. Bethany that voluntary use of drugs or alcohol is never a defense. What he was talking about is mitigation. When the guys pled guilty, it's not a fact finding mission mission anymore. It's about getting a light sentence. Drugs and alcohol, not a defense in the guilt innocence phase. So one thing I want to understand is what he just said, which is right how the guy ends straight back up at the liquor store.

[Dr. Bethany Marshall]

You know, Nancy, he has an addiction, a compulsion. And 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 he needs to get the fumes out. He needs to be behind bars for 14, 15 years so that he can be sober. If he can be sober behind bars. The things with addiction, Nancy, is that it never goes away. Somebody can be addicted drinking.

[Nancy Grace]

Okay, wait. Bethany, a veteran now lawyer, was a motorman in APD forever. That's how I knew him. He came 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. And that kind of 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 guy Rigby certainly is not?

[Dr. Bethany Marshall]

Well, you know, a lot of addicts have what we call dual diagnosis, which is there is a comorbidity with another psychiatric illness, like bipolar, 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 a big pothole and you hit it, something's going to happen to your tires. But what if there's a little thin shield over the pothole and you still drive down that road? You're still going to have damage to your vehicle. So sobriety is like that little thin shield. It 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 this guy needs to be behind bars.

[Narrator]

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 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. In a cruel twist of fate, Strang crossed paths with Xavier Rigby, a notorious repeat traffic offender. Rigby spent the night drowning in alcohol, setting off a chain of reckless decisions.

[Serena Fazan]

Here you are. With a prior leaving the scene from 2022, then in 2020, before the state was generous enough to reduce your DUI to a reckless for purposes of bond, it's a DUI. So then, here we are now. We've now gone to a second dui, but this time with extremely aggravating facts where you killed somebody, left the scene, and dragged their body. And I don't even need to go any further for how aggravating these set.

[Nancy Grace]

Of facts are from our friends at WFLA. Joining me now is an esteemed medical examiner, Dr. Kendall Crowns, the Chief Medical Examiner, Tarrant 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. Dr. Kendall crowns. He is the esteemed lecturer at the Burnett school of medicine, and that is at TCU. Dr. 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 65 miles an hour, she is thrown onto the windshield, and when first responders get there, she's dead.

[Narrator]

But.

[Nancy Grace]

Is it possible, Dr. Kendallkrowns that she lived long enough to know she was dying?

[Dr. Kendall Crowns]

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, 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 dead immediately. She probably had several minutes of survivability where she was sitting in that window on the hood of that car, bleeding out.

[Nancy Grace]

Dr. Kendall Crowns, have you ever undergone surgery and they put you under anesthesia?

[Dr. Kendall Crowns]

Yes.

[Nancy Grace]

Me too. 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. They are my last thought. I wonder if she could think about 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. But people have recounted their last 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.

[Dr. Kendall Crowns]

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 compromise, she would still possibly be able to think and feel. And who knows where her last memories would be. But I agree with you. Most people's last memories that have children are thinking about their children and what will happen to them before they go unconscious.

[Nancy Grace]

Joining me, a fellow warrior in the trenches, Cheryl McCollum and I started fighting crime together many, many years ago. We met fighting domestic violence. Cheryl McCollum, now star of a hit podcast, Zone 7. Cheryl, I've had victims tell me so many different variations of what happened to Them, it's almost always up, who's going to take care of my children? That's their last thought. 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.

[Cheryl McCollum]

See, there's no doubt in my mind that every single thing she did from the moment that baby 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.

[Lisa Miller]

Watch the video.

[Cheryl McCollum]

Drunk driving is the same as shooting a gun in 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 care who it hits. You don't care who it kills. That's the risk you take. And what this person took from this little boy, he deserves to spend the rest of his life in jail.

[Nancy Grace]

A drunk driver who continues to drive up to a mile with the dead victim on the windshield. Believe it or not, this is not the first time it's happened. Shantae 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 drives home, parks in the garage and leaves Biggs there for hours to die. When I hit him, it was a real loud, very loud noise. And all this glass start flying in the car, followed by a lot of wind. And the glass was just, it was just cutting in my skin. It was just stinking me. Boo hoo. Shantae Mallard ran a guy down and she's whining that the glass on her windshield cut her skin. He's dead, woman. And then, of course, there's Stacy Sanchez.

[Narrator]

Around 6:20am, Jack Tenelson on his way to brother Beano's soup kitchen. The homeless man on the sidewalk. When Stacy Sanchez, on her way home from a night of partying and hits Tenelson 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 rear window.

[Nancy Grace]

Then there's Nestor Flores, a woman in.

[Narrator]

The drive thru at Jack in the box, 11pm calls 911 for a welfare check on a man slumped over the wheel of his car. The driver, 31 year old Nestor Flores. Smells like a brewery. Says he hit a deer. Inside. Police find a dead human in the passenger seat. The next morning, partial human remains are found in Dallas that match the remains in Flores car. The impact so severe, the victim's body thrown through the windshield and came to rest on the passenger seat. And Flores drove 38 miles before stopping. Flores has two other driving while intoxicated charges in the last five years.

[Nancy Grace]

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 38 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?

[Joseph Lowe]

Well, apparently he thought 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 gonna guess that didn't go so well for him in court to be that unaware and that ridiculous. But that's what would I have to say would happen there.

[Nancy Grace]

And that's where you would argue the addiction aspect, or as you said, angle. I heard that. The addiction angle. To Serena Fazan joining us, where does the case stand right now? And where is the little boy?

[Serena Fazan]

The little boy is now with his grandmother. So at least you know, he's in the caring arms of someone who deeply loves him.

[Nancy Grace]

And what about Rigby?

[Serena Fazan]

Well, we 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. I don't know if you guys saw that. 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 wide failure as well. And I know we've talked to attorney Lowe about this, but there's clearly a moral breakdown with this gentleman. I don't. I don't believe there is rehabilitation in this case.

[Nancy Grace]

You know what Serena Fizan as, 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 drunk rear end going to jail and staying there this time. But Serena Fazan, I'm so glad you brought that up. We're showing you video from our friends at Fox 13. He's not worried about Kirsten. He's not worried about her baby. He's asleep. He's so unconcerned about what's happening. He's actually falling asleep standing up. Thank you, Serena Fazan. And on that note, I will ask if you know or think you know anything about this case, please dial 7275-8062-0072-7582-6200. All we can do now is seek justice for Kirsten's son. We remember an American hero, Deputy Sheriff Sidney Carter, killed in the line of duty. Survived by her parents, grieving parents, Annette and Jerry. American hero Sheriff Sydney Carter. Nancy Grace signing off. Goodbye, friend. This is an I Heart podcast.