Ashley Mack won’t be prosecuted for estranged husband’s murder

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COLONIAL HEIGHTS, Va. (WTVR) - Charges against Ashley Mack were nolle prossed, or set aside, when she appeared in court for her murder trial Monday.

Last week, both Mack's attorney and the family of her late estranged husband Rusty Mack told to CBS 6 this was going to happen.

Rusty Mack's family told CBS 6 senior reporter Wayne Covil they were upset Colonial Heights Commonwealth's Attorney William Bray decided not move forward with the trial. [CLICK HERE: Mack's parents upset with decision to drop charges]

Bray said he planned to drop the case because Ashley Mack did not kill her estranged husband, rather she was merely there when it happened.

Ashley Kate Mack (PHOTO: Colonial Heights Police)

Ashley Kate Mack (PHOTO: Colonial Heights Police)

Mack, who pleaded not guilty earlier this month, was one of four people charged in the Feb. 2013 beating death of Rusty Mack.

She was accused of hitting 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 is the third of the four suspects not to be convicted in Rusty Mack's death. Earlier this year a jury found one suspect not guilty and charges were nolle prossed against a second suspect.

The fourth suspect, 18-year-old Blair Dacey, is scheduled on trial in February. Dacey is accused of kicking Mack.


  • BL

    What a slap in the face to this poor young man’s family! Plus it is showing people in this area, if you commit a murder via mob, you will probably get away with it.
    Shame on the Colonial Heights Commonwealth’s Attorney for putzing out on this all the way around!

    • BB

      The level of legal incompetency, by all echelons, in this Murder case, justifies a YOU’RE FIRED! response for all involved.

  • Norma Lawson Earls

    Just a reminder – William Bray ran unopposed. Surely, Colonial Heights voters can find an opponent for him before the next election; someone with something Bray doesn’t possess – a modicum of competence.

  • Clay Morrow

    So is Dacey going to take the fall for all of them? I bet the others cut a deal to testify against him, so they could all save their hides. Talk about lazy prosecuting.

    • dizzy

      I agree,the youngest is the most easily influenced and they very possibly could have egged her on.this is a flip from the usual.the most guilty is who proposed going to his house in the 1st place.

  • Deevamom

    I guess anyone can murder someone in Colonial Heights and get away with. The Commonwealth Attorney should be ashamed. This family will never get justice for their son’s death. I guess this is what happens when you are “connected”. Someone is calling in some big time favors.

  • athynz

    I want to know what dirt they have on William Bray… I cannot figure out any other reason why he would not pursue this.

  • Winni Dabney

    Sad an unfortunate for everyone involved ….Media and twisted words of public have kept this escalating and has know clue what exactly happen!…..! Hate is Hate regardless what side your on!….. …

  • toni

    well I imagine they all wont be so lucky in a civil suit and hope the family of this young man takes the next best route of making sure these accused never own anything in their life.Much less to prove and any real attorney would slam dunk this one.

    • Blairsmom Dacey

      Toni, Rusty’s whole plan was a lawsuit, this whole thing was actually planned very carefully and deliberately for 6 weeks by Rusty with that in his mind. Rusty went out of his way every single day to ‘craft’ various activities involving people he knew would be helpful in his plan. He spoke about his ‘plan’ in texts he sent earlier that afternoon as soon as he saw Ashley post about Blair’s radio ad on instagram. There are others who knew about and assisted with this ‘plan’ in his immediate family. It is doubtful those family members will escape this entirely.

      • Norma Lawson Earls

        I can see it. The girl’s voice in the ad makes me want to get falling down drunk and kill my OWNSELF. And who wouldn’t want to sue a teen-ager with a part-time minimum wage job? Alas, this whole conspiratorial crafting went awry when the conspirators failed to receive the psychic signal beaming from Saturn warning them that Rusty was going to have the life kicked out of him. It’s perfectly clear to me!

      • Medunlap

        Are you kidding lady I’m sorry that you have to deal with this entire bs but let’s go over the facts we only care and need to know your daughter alone kicked him and in my option was souly responsible for making him brain dead in which lead to his death and for all of them to get away is rediculous so even if rusty was planing on being mean to Ashley that doesn’t matter they got in there car and drove over the rustys place had they know better and they say she had a reasonable cause to push or hit rusty was it nessicary to KICK someone in the head knowing it would hurt then badly I mean your head is the most vonurable pose on your body I’m sorry in my personal opinion is that Blair must have only spoiled child syndrome bc I got into fights with my brother and we would go at it but never going for places that are common sence not to hit I mean are you kidding me my cousin was driving a car intoxicated and hit a tree killing his new wife and almost killed himself but bc he was driving and survived he lost his wife whom he deeply loved and was held accountable for her death and is still suffering from what he did an also serving time for it and that wasn’t even his intention his wife was also intoxicated so she could have easy drove but he refused her to drive ….. I’m sorry this is wrong all wrong I do understand the love of a mother as I am one but your child came home and rusty was left on the ground dying ALONE …. I ask you have you seen a loved one take there last breath …. My mothers eyes looked at me as she took her last breath his family didn’t get to say good bye to him the way I did my mother my mother dyed of an illness he dyed bc some people decided to kick his butt and I know it was not their intention to kill him but why did you think was going to happen when you kick someone in the head I fell sorry for you an all families involved but I ask you what if it was your daughter that was dead you woul want rusty or whom ever held accountable for her death …… I know you love and support your child what kind of mother would you be if you didn’t but …. Someone’s son is dead my parents told be at 18 my life had just barely began ….. Think about this his mother will not hold his child he will never have a child and know the love of and father and a child like you have he will not grow old like u when and if your child has a child your life will change again as hers but its the point you will get to enjoy this moment and feel the love of a grandchild and trust it is different than your child’s ….. Rustys mother will not ……

  • sw

    This type of thing has become par for the course in America today. Prosecutors refuse to take on a case they are not positive they will win. It really makes me sick. If you don’t have the whole thing from start to finish video taped or it is done right in front of the police you may never get justice if you are the victim or the victims family. They sure have no problem throwing blue collar criminals in jail while they let the violent criminals walk the streets.

  • Jennifer

    Goes to show you anyone can commit murder in Colonial Heights. She should lose all rights to her child. She and her friends went there with the intent on doing this. She was there and so were the others. They did nothing to stop it!! They should have some type of punishment. This is appalling….Makes you not feel safe living in Colonial Heights anymore. I hope her and her family have to suffer like Rusty’s family have. It will come…God will make sure of that since the justice system has failed!! Colonial Heights is small something like this won’t go away!

  • sandy johnson

    Guess you can get away with murder in colonial heights. Mr. Bray should be taken off this case because HE is letting these killers walk the street. Hopefully by the time Blair.goes to court they can get a commonwealth attorney in there that will do.his job, so she dont walk either. My prayers go out to Rustys family, this has got to be a devistating blow, but in the end GOD will be their final judge…Johnathan Guy was pretty smart to move out of state… Lets hope someone pays for what was done to Rusty…

  • Betty

    Really? this is crazy! He certainly didn’t beat himself to death. Just who do they think did this? I can’t believe that these punks are getting away with murder. Whether or not the intention was to kill him, he died because of their actions and they should be held accountable. What a HUGE miscarriage of justice!

  • Deevamom

    I hope the people in Colonial Heights get a new Commonwealth Attorney the next election. I hope the Mack family sues each one of the killers and take the child from her. Also everyone who commits a murder want to get away with it hire Joe Morrisey. My sympathy goes out to this family especially around the holiday season. This family lost a son. The people who did this are walking around the street free. Carma will come back on them.

  • Dustin Cavanaugh

    “Ganging up on people and attacking them is horrible!” *Same people proceed to gang up and attack the family of the defendants without knowing the whole story* Hypocrisy much, lol.

  • sorry to all involved

    I think everybody needs to read the Hopewell news as they took the time to report on the night in question

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