By ANDY GARDNER

MASSENA -- State police investigators say they have met with the district attorney over the possibility of filing homicide charges in the case of a woman who was killed while lying in the roadway in December.

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 37 near Taylor Road. Megan Phelix of Massena drove the vehicle.

In a bizarre turn of events, McDonald’s husband, 34-year-old U.S. Border Patrol Agent Bryan McDonald, was charged about week after the incident with two felony assault counts. He allegedly beat an elderly couple who on Dec. 7 happened upon the accident scene and stopped to help.

The investigator now in charge of the death probe refused to divulge details of the meeting with the D.A.

He deferred a reporter to a BCI Capt. Robert LaFountain, who was not available for comment.

“There has been a meeting, yes,” said Bureau of Criminal Investigation Senior Investigator Timothy Peets. “I know all the comments we’re making about the Ashley McDonald case are going through the captain’s office … you’re not getting any information from me.”

The official in charge of the case before Peets, Senior Investigator Judith Trimboli, had spoken with the press about the case in January and February.

When asked what changed between those interviews and March 30, Peets replied “It’s involving another law enforcement agency … It’s to make sure the same information goes to all the other people.”

Bryan McDonald 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.

Trimboli had refused on two occasions to say whether or not police are investigating Ashley McDonald’s death as a homicide.

“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 Feb. 9.

Trimboli at the time said police need a final autopsy report before they can go any further. It wasn’t clear from the conversation with Peets if that’s happened yet.

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

In the assault case against Bryan 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 said Feb. 9 that 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 at the time.

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 at the time.