Alleged arsonist appears on drug, stalking charges

An alleged arsonist from Ashland, awaiting trial in Grafton Superior Court, appeared in Belknap Superior Court on charges of felony drug possession, stalking and criminal threatening, last week.

Cody Cross, 28, of Ashland, appeared remotely for a dispositional conference in Belknap Superior Court on Sept. 24. A status conference in the case was set for Jan. 8. He is represented by attorney Adam Hescock, of Marsicovetere & Levine Law Group, in White River Junction, who was unavailable for a comment.

The case is being prosecuted by Deputy County Attorney Erin Barnes, who didn’t respond to a request for comment.

Ashland Police and the New Hampshire Fire Marshal’s Office are investigating an April 1 fire on Cross Road, in Ashland, and signs indicate arson, with Cross as the suspect. Cross owns the home jointly with his sister.

Court records show Matt Wilmot, an investigator with the state Fire Marshal’s Office, contacted Meredith Police Officer Joshua Tyrrell during the investigation.

An affidavit states Cross had allegedly threatened his ex-girlfriend, through messages forwarded to her by a friend, at his direction. He allegedly threatened to harm her. One message stated Cross would come to her apartment and kick her door down.

Another group of messages investigated by police were directly from Cross, through Facebook, on April 21. Then, on April 22, police say Cross drove through the parking lot of his ex-girlfriend’s home at 3:35 a.m. She told police she hadn’t told Cross her new address, and was scared he was looking for her.

Cross was charged by Meredith Police for stalking and criminal threatening, on April 26. While he was being booked at Belknap County Jail, police found a bag suspected to contain methamphetamine in his pocket, a felony.

Cross is facing charges in three open cases, all relating to the alleged arson.

In Grafton County, two cases have a trial scheduled for January.

One case is for felony arson for allegedly burning down his own home; felony criminal mischief; and felony reckless conduct with a deadly weapon. He was indicted by the Grafton County Grand Jury on July 17, and on July 29, a misdemeanor charge of driving under the influence was added. Hescock is representing Cross in this case, as well.

The second case involves felony witness tampering, and he was indicted by the Grand Jury on July 17. Cross is represented by Joseph Quinn of NH Public Defenders in that matter.

An indictment is not an indication of guilt. Rather, it is a finding by a Grand Jury that enough evidence of an alleged crime exists to warrant bringing a case to trial.

Cross was also charged, on April 26, for arson. Wilmot found evidence to show the fire was set intentionally, which he testified about in Plymouth District Court, along with Ashland Police Lt. Nicholas Raymond, on April 27. They both testified at length at a May 8 probable cause hearing, as well.

It was revealed during the probable cause hearing Cross allegedly threatened to burn down the house on Jan. 19, while being booked for other charges by Ashland Police. There was allegedly video of Cross making the threats, but Judge John Katsirebas sustained an objection by Hescock not to allow the video to be played in court, as it was not properly admitted as evidence.

Wilmot testified he found pre-fire damage at the home, as well as two distinct areas of fire origin. Suspected accelerants including a charred paper towel and heating oil. Wilmot showed a video of himself walking the property, identifying two parts of an artificial Christmas tree made of plastic and metal. A K9 unit alerted to accelerant on both pieces of the tree. A piece of the heating oil tank was also allegedly broken off.

Investigators spoke to people who had been in contact with Cross that day, saying he was upset about a breakup, and “tearing the place apart.” Nobody witnessed the fire being lit.

Wilmot also told the judge, during the probable cause hearing for the arson case, that Cross seemed “heavily impaired” when he spoke to him on the night of the fire. He asked Cross if he burned the house down, which Cross denied.

The Grafton County cases are being prosecuted by Paul Fitzgerald of the Grafton County Attorney’s Office.

Cross is being held at Belknap County Jail pending trial, after Katsirebas found probable cause in Plymouth District Court that Cross burned down the house.

Cross waived his right to a speedy trial while appearing remotely for a dispositional conference in Grafton Superior Court on Sept. 14. The court scheduled a final pre-trial hearing for 9 a.m. on Dec. 21, and jury selection for Jan. 4, both in Grafton Superior Court.

A pre-trial hearing is also scheduled for Oct. 19, in Grafton Superior Court, for the witness tampering case.

Next in the Belknap County case is a status conference at 9 a.m. on Jan. 8, with Judge Elizabeth Leonard presiding.