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Police waiting for official autopsy report of Massena roadway death before announcing whether it was a homicide

Posted 2/9/16

Updated 10:26 a.m. Feb. 10 to include earlier comments from investigator By ANDY GARDNER MASSENA -- State police investigators say it could still be weeks before they close the case of a woman who …

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Police waiting for official autopsy report of Massena roadway death before announcing whether it was a homicide

Posted

Updated 10:26 a.m. Feb. 10 to include earlier comments from investigator

By ANDY GARDNER

MASSENA -- State police investigators say it could still be weeks before they close the case of a woman who was killed while lying in a roadway in December.

Bureau of Criminal Investigation Senior Investigator Judith Trimboli says police know whether or not her death was a homicide, but refused to indicate either way until all reports are in and investigators have consulted with the District Attorney’s Office.

“It’s not that I don’t know if it’s a homicide or not. I’m not commenting. When everything’s done, we’re going to come out with a statement,” Trimboli said.

On Dec. 4, 33-year-old Ashley McDonald of Lyon Mountain, formerly of Massena, was struck by a car and killed while lying in the roadway on county Route 7 near Taylor Road. The vehicle was driven by Megan Phelix of Massena.

Trimboli said police need a final autopsy report before they can go any further.

“We’re just waiting for the official autopsy report to come up from Dr. (Michael) Sikirica’s office,” she said. “We called today, the autopsy report is looking at another two to three weeks.”

On Jan. 5, Trimboli said the case could have resolved by the first week of February.

“I wish I did. I would imagine within 30 days,” she said Jan. 5 when asked about a timeframe for solving the case.

On Feb. 9, Trimboli said at the earliest, investigators will meet with District Attorney Mary Rain in mid-March.

“We’ll see what meets, match it up to the law and see if there’s any additional violations,” Trimboli said. “We’re kind of in a holding pattern, waiting for reports to come in.”

In the weeks after McDonald’s death, troopers said Sikirica performed an autopsy and determined the cause of death to be “multiple severe traumatic and compressive injuries.”

Trimboli says the autopsy report is not taking an unusually long time.

“Remember, she was autopsied in Albany,” she said. “There’s nothing unusual here.

“Even once the report is done, it takes a little while longer to get it reviewed and signed off.”

She said they need test results before Sikirica’s findings can be compiled.

“They wait for lab results, toxicology, tissue samples … tests at different labs, then someone’s got to type up the report and that takes a long time,” Trimboli said. “Nothing’s changed … and we’re just waiting to compile the report, all the facts, all the written reports."

She said in addition to that, there is a pending report from the Collision Reconstruction Unit. She says they are taking a long time because they are spread thin across all of state police's Troop B, which includes just about all of northern New York.

“This is the boring part of this job, getting paperwork done. It takes time,” Trimboli said.

In a bizarre turn of events about week after the collision, McDonald’s husband, 34-year-old U.S. Border Patrol Agent Bryan McDonald, was charged with two felony assault counts for allegedly beating an elderly couple who happened upon the accident scene and stopped to help.

He is on paid administrative leave from his post, pending the outcome of the case.

“The Swanton Sector Border Patrol is fully cooperating with the investigation,” U.S. Customs and Border Protection spokesperson Benson-Fuller said Dec. 15, deferring further comment to New York State Police and the St. Lawrence County District Attorney’s Office.

In the assault case against McDonald, the charges are felonies because of the age of the victims, according to a criminal complaint filed with Massena Town Court. State law upgrades and assault charge to a felony when the victim is more than 65 years old and the perpetrator is more than 10 years their junior.

District Attorney Mary Rain says the case will go to a grand jury, but the law prohibits her from saying when.

“I can’t tell you when as grand jury is protected by law from disclosure of this information,” Rain said.

According to statements given to police, McDonald struck Richard F. Ladue, 66 and Carol Ladue, 65, both of Massena.

Carol Ladue gave a statement to police saying she and her husband were returning home from the Massena Community Center in separate cars on county Route 37 Dec. 4 around 10:30 p.m. She said she was flagged down upon arriving at the scene and as she approached after leaving her car, McDonald started yelling at her and punched her in the face, according to her statement. Inv. Nick Arcadi filed a document with the court saying McDonald also kicked Ladue while she was down.

Richard Ladue arrived shortly after his wife, he told police. He got out of his vehicle and McDonald started yelling at him and struck him in the face, he told police. He said in his statement that he believed McDonald broke his nose.

Both Ladues sought treatment at Massena Memorial Hospital and were released, state police said.