There are explosive new allegations in the beating death of a Colonial Heights man. For the first time, the attorney for one of the four suspects in the death of 22-year-old Rusty Mack is speaking out. He claims Rusty was the aggressor.
"My client had absolutely nothing to do with the assault, and in fact did everything to diffuse the situation," said attorney Joe Morrissey.
Morrissey is fighting for the very life of Ashley Mack. She faces murder and murder by mob charges in the beating death of her estranged husband, Rusty Mack.
"He was wildly intoxicated," claims Morrissey. "He initiated the fight. He instigated the fight, and the only thing my client did was back up and try to keep him at bay."
Morrissey claims they have cell phone video that, "puts things in a completely different perspective." The defense tried to paint Rusty as an enraged young man at a bond hearing Ashley Mack this week.
"And I said to the judge I want to play it for you," recalls Morrissey. "The prosecution objected. That speaks volumes. Why would a prosecutor not want to hear or not want the judge to see what took place."
We went straight to the Colonial Heights Commonwealth's attorney.
"Whatever the circumstances were that the defense has raised," said Attorney Bill Bray. "It is not a legal justification or excuse."
The just-released medical examiner's report lists the cause of death as blunt force injury to the head. The report labels the death a homicide.
"It rules out accident or suicide," said Bray. "Which would not have been an issue here. The fact, is he was an innocent victim."
Ashley Mack is behind bars at Riverside Regional jail. She was denied bond at the hearing this week. A preliminary hearing is set for May 30, 2013.
Copyright 2013 WWBT NBC12. All rights reserved.
WWBT-TV NBC 12
P.O. Box 12
On Your Side
Video and Pics