Judge denies motion for separate trials in baby murder case in Northampton Court

By Linda Cicoira

Judge Lynwood W. Lewis Jr. denied a defense motion for separate trials Monday in Northampton Circuit Court in the case of an Eastville couple accused of the second-degree murder of their four-month-old son and three counts of child abuse and neglect of the deceased baby, his twin, and another young sibling.

Commonwealth’s Attorney Jack Thornton motioned for a joint trial for 46-year-old Ivan Ray Ross III and 34-year-old Ashley Marie Moore, both of Fox Court. He argued that both have identical charges, with the evidence being about 90 percent the same for each defendant. Thornton said “judicial economy” would be served with a  one trial as the prosecution will call more than 15 witnesses, including the medical examiner, hospital workers, police, EMS, and neighbors.

Thornton listed numerous court cases in which defendants had joint trials. He admitted that Moore is “less capable,” for punishment purposes, which would later be determined by the judge. He said at trial that he would prove both are guilty.

Assistant Commonwealth’s Attorney Vince deLalla said the court can give the jury different instructions for each defendant.

The charges were certified to the grand jury at separate preliminary hearings.

The deceased child was identified in court records as B.R. and in court as Baby Bruce. The other children are now living with a relative and are not being identified because of their age and the alleged circumstances. They were said to be doing well.

B.R.’s death was listed in records as occurring between Aug. 29 and Nov. 18, 2024. The parents were arrested last July. The punishment for 2nd-degree murder is between five and 40 years in prison. A trial date has not been set.

In court records, a magistrate noted, “Autopsy report showed severe dehydration and blunt force injuries, amongst other results for the four-month-old baby boy.” On another document, a magistrate wrote, “medical examiner found little food in stomach, dehydrated, cracked ribs.”

The Northampton Sheriff’s Office and the Eastville Police Department began investigating the death after police responded to the Fox Trailer Court to assist EMS with a report of difficulty breathing. From there, the baby was taken to Riverside Shore Memorial Hospital, where the death was pronounced.

Defense lawyer Andre Wiggins, who represents Moore, and defense attorney Patrick Bales, who represents Ross, wanted separate trials. Wiggins argued that “good cause is not judicial economy or the statute would have been written that way.” He said there must be more for a joint trial than the same crimes.

He said that “it is not entirely clear what the evidence” will show. The condition of the mobile home is not evidence of related acts from both parties, Wiggins continued. “An infant died, and that is a tragedy.”  The lawyer said evidence will not explain the broken rib. The child visited doctors every four or five days, was in the hospital, and was continuously followed by doctors.

“It is clearly a very emotional case in the community with individuals who have no knowledge vocalizing their opinion on social media,” he said. “A reminder to all of us that we haven’t come very far from the Salem witch trials. This case has more emotion in it than I have seen in recent years, largely because there is a dead infant.”

He anticipates a large number of objections and a jury that would not be able to separate the testimony against one defendant or the other.

Thornton said public comments on social media would be an argument for a change of venue. He called social media “the devil.”