Settlement Conference Set in Ashley Battery Cases

On Feb. 7, Nicholas Pierre Ashley, in custody, appeared in the Tenth Judicial District Court for a status hearing before Judge Thomas Stockard.

In December, Ashley pleaded not guilty to the Category D Felony of Battery Causing Substantial Bodily Harm to a Victim, which Constitutes Domestic Violence, and to Battery by a Probationer, Parolee, or a Prisoner in Lawful Custody. At that time, a trial was set for July 14-18 and an evidentiary hearing for June 10.

Churchill County Public Defender Jacob Sommer requested a Criminal Settlement Conference before the trial. A settlement conference allows the state and the defense to present their cases to an out-of-district senior district court judge. If the matter is not resolved, the case will proceed to trial.

Sommer requested a bail reduction or for Ashley to be released on his own recognizance (OR), noting, "he has been in custody since sometime last year and has had no issues." Further, Sommer stated, "Ashley has significant community connections, no prior Failure to Appear charges; and the alleged victim is now living in California."

Deputy District Attorney Priscilla Baker cited the defendant's criminal history, which includes multiple DUIs, resisting arrest, assault on an officer, domestic battery, lewdness, sexual assault on a minor, and failure to register as a sex offender. She alleged that while Ashley was on parole, "he met up with the victim, a relationship ensued, and he then spent two or three days beating her." Baker stated the victim was "beaten to the point where her eyes were shut, she had a lump on her head …" Baker asked to admit some photos into evidence.

Sommer objected, stating, "Getting into this allegation that there were several days of beating is inconsistent with the charge we have, additionally I believe it is inconsistent with the facts we have."

Baker argued that the information was relevant, noting that it came out at the Preliminary Hearing during testimony. She further argued for bail to remain unchanged, stating, "This defendant is a huge flight risk. He faces some serious charges. And we have the safety of the victim."

Judge Stockard ruled, "I'm going to allow this to be marked; and I'll give them [the photos] the weight that I think it deserves." He continued the matter and set a bail hearing discussion for Feb. 18. Stockard then asked Ashley several questions and ordered an updated risk assessment to be completed by Feb. 14. The settlement conference will be scheduled administratively.