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Judge agrees to move trial of wife accused in husband’s death

Ashley Mack

Ashley Mack

COLONIAL HEIGHTS, Va. (WTVR) – The December trial for a woman accused of killing her estranged husband will be moved from Colonial Heights, according to CBS 6 senior reporter Wayne Covil.

Ashley Mack was one of four people charged in the Feb. 2013 beating death of her husband Rusty Mack.

During a Monday morning motion’s hearing Mack’s attorney, Joe Morrissey, asked the judge to move her trial to Henrico County and to change its start date.

In the end, the judge agreed to move the trial out of Colonial Heights, where Mack’s death received much attention, to Chesterfield, but did not agree to delay the trial.

Ashley Mack is accused of hitting and kicking Rusty Mack, to whom she’d been married for a few months, outside his Colonial Heights apartment. Mack died as a result of his injuries.

She will be the third of the four suspects to face trial in this case. A jury found the first suspect not guilty and charges were nolle prossed against the second suspect.

This is a developing story.

15 comments

  • Glen Allen

    They can move this trial to Albuquerque, N.M if they want, some one of 4 suspects murdered the young man, and since (according to this article), 2 have been let off the hook so far, this lady (well, poor choice of words perhaps) will still have only a 50/50 chance of remaining on this side of the prison gates. The evidence will speak for itself.

  • Liz

    From my understanding, they are simply moving it to ensure that she has a fair trial with no bias jurors. You are correct, the evidence will speak for itself. All I hope is that justice is served, whichever way it might go.

  • shana

    GUESS THEY WANNA MOVE HER TOO SO THEY CAN TRY AN GET HER OFF HER CHARGES TOO. SHIT I HOPE SOMEONE IS CHARGED HE DID NOT BEAT HIMSELF. THATS COMMONWEALTH FOR YA

  • Norma Lawson Earls

    Maybe you can testify in court that the M.E. lied when he listed “homicide” as “manner of death” on Rusty’s death certificate; that Blair Dacey lied to the police when she said she kicked him in the head because he splashed water on her when he was knocked to the ground; that the other 3 defendants lied when they said Blair kicked him in the head.

  • Blairsmom Dacey

    Norma Lawson Earls! you hopefully will take a break and make Thanksgiving dinner and enjoy your holiday. Only 1 person has ever said Rusty was kicked in the head that night, that was Rebecca Lawson, who was the part_time girlfriend of Rusty. She was the mom at the apartment building also making recordings of Rusty that night; to either have him evicted, or lend a hand in setting up a recorded fight where Rusty planned to appear he was attacked after months of creating a hoax to disrupt Frankie’s home when Rusty was angry at the holidays. Her involvement is still unclear but apparently she had a grown son in EMS and Rusty may have used her in setting up his attack scheme. Every other person simply repeated what Rebecca said. There has never been any evidence or testimony by the medical examiner that Rusty was kicked in the head. Rusty falling was his one and only injury. Blair Dacey has never kicked anyone in the head in 12 years of sports. Rusty was kicked when he attacked the girls, as a defensive kick to keep him off of her because he kept coming at them after screaming at them
    threatening to beat them up.

  • JFR

    Ms Dacey, you r not telling the truth. Every one of the accused has said & will say again that Margaret Blair kicked Rusty in the head. Two attorneys have used that as part of their arguements in court. Have you been to court? Are you allowed in the state of Virginia or is that restraining order still in effect?

  • Blairsmom Dacey

    JFR: We have telephones and internet down here! I have received testimony from most of the hearing transcripts. I have never received a return call from the actual bona fide “coercive interviewing” police officer who wrote this, nor has the dashcams from 2 police cars been turned over to the defense attorney, Mike Lee. Let’s just start there with Who is Really Lyin about who could see the kick in the water in the dark and the exact spot where this kick touched?

    • JFR

      1. On March 15, 2013 this was published in The Progress Index F.M. Wiggins:
      “[Mack] tried to grab [Guy's] leg when he was walking away,” the 16-year-old witness said. Mack eventually got up and went over to his estranged wife and yelled at her before he was again shoved to the ground, this time into a puddle.
      As he tried to stand, the witness testified that he watched Dacey walk across the street and kick Mack with such force that he could hear a loud thump, and then watched as Mack fell backward and hit his head on the pavement.
      On cross-examination by defense attorney Mike Lee, the witness said that Dacey didn’t cross the street until just before she allegedly kicked Mack. Lee said that based on that, his client shouldn’t be charged as being part of a mob.
      **So Lee argued that his client shouldn’t be charged as being part of a mob based on testimony that “Dacey didn’t cross the street until just before she allegedly kicked Mack.”

      2. On June 13, 2013 this was published in The Progress Index by F.M. Wiggins:
      —-At the start of the hearing, Rockecharlie filed a motion to have Blaha’s vehicle returned to his client, a motion granted by the court. Rockecharlie argued that his client was leaving when Dacey delivered a kick to Rusty Mack, causing Mack to fall and hit his head, leading to injuries which, based on testimony by Dr. Kevin Whaley of the Chief Medical Examiner’s Office, caused Mack’s death. —-
      ** Rockecharlie is the attorney for Blair’s boyfriend, correct?
      3. On November 8, 2013 this was published in The Progress Index by F.M. Wiggins:
      —-Dacey is the individual – who according to both Novey and Bray – delivered a kick which led to the injury that caused Mack’s death—- (Steve Novey is Jonathan Guy’s Attorney…William Bray is the Commonwealth’s Attorney)
      3. On November 11, 2013, Staff Writer, Bill Belden of Hopewell news published this:
      Novey argued that on the night in question, Feb. 11, “Rusty [was] the aggressor” and that Guy’s actions alone were not responsible for Rusty’s death, because it was the kick from co-defendant Margaret Blair Dacey that caused Rusty’s fatal injuries, and Guy did not encourage nor could he foresee Dacey’s kick happening.

      4. On November 15, 2013, Reporter, Brent Soloman, NBC12 published this:
      Last week, a medical examiner testified Mack died from injuries that followed a lethal blow to the head. Guy’s attorney said only one of the four suspects initiated that fatal blow.
      5. On November 15, 2013, Reporter, Mark Bowes, Richmond Times Dispatch:
      “Mack and Guy eventually tussled that night and wildly swung at each other, falling to the ground in wrestling holds, after Guy, a male friend and two young women, including Mack’s estranged wife, showed up in the parking lot of the apartment.
      The pushing and shoving match came to a sudden end when Mack’s estranged wife, Ashley Mack, pushed Mack away from her and he fell to the ground, according to testimony. As Mack tried to regain his footing, Margaret Blair Dacey, then 17, kicked Mack in the head.
      A medical examiner testified that Mack suffered only minor abrasions except for a fracture to the back of his head that caused internal bleeding, swelling of Mack’s brain and death 17 days later. The fracture occurred when Mack fell backward after being kicked and struck the back of his head on the pavement.

      From everything that I have read (references cited), it appears that MANY people have said that Blair kicked him. Whether I agree or disagree with what happened with the two accused that have already been to court, one being found, not guilty and one being “set aside”, I do believe that things will go much differently for the two females in this case. Neither had a scratch, mark or injury on them. There are photos and video interviews that show no injuries. There has been NO TESTIMONY from anyone stating that the victim threatened bodily injury to either of them BUT there has been testimony from the ME that he only had minor abrasions from the scuffle that occured with the victim and Guy.THE ME did testify that the fatal blow came after he fell backwards from being kicked. It appears if they had walked away from Rusty after the scuffle with Guy, that Rusty’s life would have gone on. It is now up to the CA to use the evidence that will clearly prove that “but for” the actions and interference of the two female defendants Rusty would not have received the head injury that was fatal. Jonathan never asked for any help during his scuffle, he had no injuries, nothing indicated that Guy needed them to intervene in his scuffle. It was cut and dry, two men having a scuffle. No evidence and no testimony indicating that the girls feared Rusty or that he raised a hand to either of them. So with all that being said there trials will not be anything like Guy’s.

      • Dustin Cavanaugh

        You are ignoring an important part. ““Mack and Guy eventually tussled that night and wildly swung at each other, falling to the ground in wrestling holds, after Guy, a male friend and two young women, including Mack’s estranged wife, showed up in the parking lot of the apartment.” if Mack initiated that situation then Blair had good reason to kick him if she thought he was getting up. Sounds like a possible self-defense argument.

  • JFR

    Not sure why you would think I have access to the dasham. Information I have shared is from testimony and defendants arguments in court.

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