Updated June 12 12:07 p.m.

By ANDY GARDNER

MASSENA -- More than half a year after a former Massena resident was struck and killed by a car while lying in the road, investigators say they still haven’t determined the manner of death.

And state police have denied a Freedom of Information Law (FOIL) request for records pertaining to the investigation into the death of Ashley McDonald of Lyon Mountain. The 33-year-old was killed Dec. 4, 2015 after a vehicle driven by Megan Phelix of Massena allegedly drove over her on County Route 37.

McDonald’s husband, Bryan McDonald, was also on the scene at the time of the accident. He has been on paid administrative leave from his supervisory post with the U.S. Border Patrol pending the outcome of felony charges filed against him stemming from his alleged assault on an elderly couple who came upon the accident and attempted to help.

No Conclusions Yet

“We haven’t even determined it’s an accident yet,’” said Josh Haberkornhalm, a St. Lawrence County assistant district attorney. “To label it (McDonald’s death) a homicide would mean we presume a homicide … we don’t operate under any assumption.”

In December, police said McDonald died of "multiple severe traumatic and compressive injuries."

Haberkornhalm said investigators, at this point, haven’t made any determinations as to the manner of McDonald’s death.

“There’s no label on an investigation because we don’t have any motivation as to the outcome,” he said. “When we investigate a fatal motor vehicle accident, we need to see if it’s an accident. If it’s accidental, it’s not actually a crime. If it’s not an accident, we’ll find out what happened.”

He said if they determine McDonald’s death was not accidental, there is a range of charges to consider.

“We’re trying to determine if this poor woman’s death was the true result of accidental behavior or something else … and if it was something else, was it criminal and to what degree?” he said. “If it’s not fully accidental, does that make it a homicide or is it something less? Is it criminal negligence? Who knows?”

On Feb. 9, Senior BCI Inv. Judith Trimboli, who initially was the case’s lead investigator, said “when everything’s done, we’re going to come out with a statement.”

State police investigators have met with the district attorney to consider homicide charges, but are not saying the outcome of those discussions, BCI Senior Inv. Timothy Peets said in April.

“There has been a meeting, yes,” Peets said at the time. “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.”

Haberkornhalm said he was privy to the meetings between state police and the DA’s office, but is barred from talking about it.

“I was present at least during of one of those meetings. Investigations are confidential. State police routinely keep me informed and consult with me as far as the progress,” he said. “Myself and the investigators, along with (District Attorney) Mary (Rain) sit down, we decide what leads we need to follow, what charges are available, we make a game plan, we break, we execute that plan, we come back later … brainstorm, assess, see what fits.

He says BCI are still running leads and checking evidence.

“The investigation is still open,” according to Haberkornhalm. “We are in the process of still following up some leads and some evidence.”

Info Request Denied

A June 3 North Country This Week FOIL request to troopers for the original police report has been denied. The request also sought any communications or interoffice memos regarding the case, and any certified records pertaining to the case, the Collision Reconstruction Unit report and the autopsy report.

“Please be advised that the records located responsive to your request concern an on-going investigation, therefore your request is denied. These are records which were compiled for law enforcement purposes and which, if disclosed, would interfere with a law enforcement investigation,” wrote Lt. Debra L. Benzinger, the state police records access officer.

Indictment For Roadside Assault

McDonald’s husband is facing two felony counts of second-degree assault for beating the elderly couple who stopped to assist his wife at the scene of her death, according to state police.

The charges are felonies because of the age of the victims. State law upgrades an assault charge to a felony when the victim is more than 65 years old and the perpetrator is more than 10 years their junior.

McDonald was arraigned in St. Lawrence County Court by Judge Jerome Richards on April 18 and released under supervision of the county Probation Department. Court officials said they don’t yet have his next appearance scheduled.

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, according to documents filed with Massena Town Court.