Alleged Ashland arsonist indicted on 5 felony charges

ASHLAND — An Ashland resident accused of burning down his own house, in April, has been indicted on five felony charges.

Cody Cross, 27, was indicted on July 17, for felony possession of a controlled drug. He'll appear Friday, Aug. 7, in Belknap Superior Court for a formal reading of his charges. He also faces three misdemeanor charges: two counts of criminal threatening, and stalking, and is scheduled for Monday, Aug. 10, in Grafton Superior Court, to hear his charges read.

He is also scheduled to appear for a dispositional conference on Thursday, Sept. 24.

Cross is being held without bail in Belknap County jail. 

Cross was also indicted, on July 17, on felony arson of an occupied or historic structure; criminal mischief; and reckless conduct with a deadly weapon, by setting a fire and putting an Ashland firefighter in danger. He is also facing a misdemeanor charge of driving under the influence, added on July 29.

In a separate case, he was indicted, on July 17, for felony witness tampering. Cross is scheduled to appear for a video first reading of charges and bail hearing on Monday, Aug. 10, for those charges.

Meredith Police took Cross into custody on April 26, following an investigation into a suspicious fire at his home, 28 Cross Road, in Ashland.

Court records show Meredith Police Officer Joshua Tyrrell received a phone call from fire investigator Matt Wilmot, on April 21, who said while investigating the alleged arson, he discovered Cross was threatening his ex-girlfriend.

Tyrrell's affidavit states the ex-girlfriend received a group of messages, on April 17, forwarded to her by a friend. Tyrrell reviewed the messages, and found statements threatening to harm or kill her, and directing the friend to tell her, or forward the messages. One message from Cross allegedly say he would come to her apartment and kick her door down.

She received a second round of messages, on April 21, directly from Cross, through Facebook Messenger. Tyrrell reviewed these messages, and saw different, direct threats. This time, he saw the name of the sender was Cody Cross, accompanied by his profile picture.

The ex-girlfriend told police, on April 22, she saw Cross drive through her parking lot at 3:35 a.m. and park behind her car, staring at it, before leaving. She told police she kept her new address secret from Cross, fearful he was looking for her.

Court records show Cross was taken into custody at 1:36 a.m., on April 26, on Daniel Webster Highway in Center Harbor. Cross was taken to Belknap County Jail for booking, and a small bag containing a clear rock was found in Cross’ pocket during a search. Police suspected this was methamphetamine.

Wilmot's affidavit states on April 26, Cross was also charged for arson that took place on April 1. The home was owned by Cross and his sister. Wilmot stated when he investigated the scene of the fire, he collected evidence that led him to determine the fire was intentionally set.

Investigators found pre-fire damage in the home, including a tipped over refrigerator and smashed bathroom mirror. The affidavit states there were two distinct areas of fire origin; a larger, destructive fire that torched the northeast part of the house, and one at the southwest exterior.

The northeast part of the house nearly collapsed. At the southwest, Wilmot found a charred paper towel placed on hay, alongside a heating oil storage tank. Wilmot said the tank was broken and greasy, and an oily substance was saturating the hay and paper towel. Laboratory results are pending, and Wilmot said it was consistent with heating oil, leading him to determine there was a second attempt to burn the house.

Wilmot interviewed Cross on April 1, who denied burning down the home.

Wilmot testified in Plymouth District Court about his investigation, on April 27, during a video arraignment, and again May 8, when Cross appeared in person for a probable cause hearing. He was represented by Adam Hescock of Marsicovetere & Levine Law Group, of White River Junction. The case is being prosecuted by Paul Fitzgerald of the Grafton County Attorney’s Office.

During the probable cause hearing, a video taken by Wilmot was shown, of the aftermath of the fire. It showed pieces of an artificial Christmas tree, in separate areas of the house, covered with what he believed to be heating oil.

Ashland Police Lt. Nicholas Raymond also testified, and alleged Cross’ behavior before and after the fire included claims of domestic violence, and threats to police and himself, including when he told officers during a Jan. 19 arrest for domestic violence he would burn down the home.

Wilmot noted that when he spoke with Cross the night of the fire, he seemed “heavily impaired” and did not answer questions clearly. Investigators also shared statements from witnesses.

Judge John Katsirebas found probable cause Cross did burn the house down. The prosecution requested Cross be held in jail pending trial, as he represented a “significant risk to the community, specifically to law enforcement personnel.” Cross remains in Belknap County Jail.

Cross is scheduled to appear in Belknap County Superior Court at 8:30 a.m. on Friday, Aug. 7, for a reading of the charges of possession of a controlled drug; stalking, and two counts of criminal threatening. A dispositional conference is scheduled for at 8:30 a.m. on Thursday, Sept. 24.

Cross will then appear by video to read a reading of the rest of his charges, including arson, at 9 a.m. on Monday, Aug. 10.