Trial for alleged arsonist set for January in Grafton Superior Court

Alleged arsonist Cody Cross waived his right to a speedy trial on Sept. 14, appearing in Grafton Superior Court for a dispositional conference.

Cross, 28, of Ashland, is facing felony charges in Grafton Superior Court, in two separate but related cases. A jury trial is scheduled for January.

Cross waived a formal reading of charges set for Aug. 10, for two cases. One is felony arson of an occupied or historic structure; criminal mischief; and reckless conduct with a deadly weapon, for which he was indicted on July 17. Later, on July 29, a misdemeanor charge of driving under the influence was added.

Attorney Adam Hescock, of Marsicovetere & Levine Law Group in White River Junction, represents Cross on arson charges.

In another case involving felony witness tampering, Cross is represented by Joseph Quinn of NH Public Defenders. He was indicted for this charge on July 17.

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

Hescock also represents Cross in Belknap Superior Court, on previous charges. Cross also faces felony possession of controlled drugs; two misdemeanor charges of criminal threatening; and a domestic violence stalking charge involving an ex-girlfriend.

Meredith Police took Cross into custody in April, following an investigation into a suspicious fire at his home on Cross Road, in Ashland. Court records show Matt Wilmot, an investigator with the New Hampshire Fire Marshal’s Office, contacted Meredith Officer Joshua Tyrrell about the arson investigation being related to Cross allegedly threatening his ex-girlfriend.

An affidavit states the woman received messages on April 17, forwarded to her by a friend, with threats Cross would harm or kill her. The messages allegedly directed a friend to share them with her. One message stated Cross would come to her apartment and kick her door down.

Another round of messages, this time directly from Cross through Facebook messenger, were allegedly received on April 21, and reviewed by police. The following day, police say Cross allegedly drove through his ex-girlfriend’s parking lot at 3:35 a.m. She told police she kept her new address secret from Cross, and was scared he was looking for her.

Cross was taken into custody at 1:36 a.m. on April 26, in Center Harbor. While being booked at Belknap County Jail, a bag suspected to contain methamphetamine was found in his pocket.

The same day, he was charged with arson for a fire that occurred on April 1, at a home owned by Cross and his sister. Wilmot testified in court, backed up with video evidence, that he determined Cross intentionally set the fire.

Investigators found pre-fire damage at the home, which included a smashed mirror and a tipped over refrigerator. The affidavit states there were two areas of fire origin, on the northeast side and southwest exterior of the house.

The northeast side was where a larger fire occurred, and that part of the house nearly collapsed. At the southwest side, Wilmot said in a hearing at Plymouth District Court he found a charred paper towel on hay near a heating oil storage tank. The tank was broken and greasy, he said, and an oily substance believed to be heating oil covered the hay and paper towel.

Wilmot interviewed Cross on April 1, who denied burning down the home. In the arraignment and probable cause hearings, Ashland Police Lt. Nicholas Raymond also testified to how Cross was behaving before and after the fire, including domestic violence, threats to police and himself, and telling officers during a Jan. 19 arrest for domestic violence he would burn down his home.

Wilmot said when he spoke with Cross the night of the fire, he seemed “heavily impaired” and didn’t clearly answer questions.

Cross waived a formal reading of his charges in the Grafton County cases on Aug. 10. Hescock said he was trying to have Cross transferred from Belknap County Jail to Grafton County Jail, but as of Sept. 21 he remained in Belknap County awaiting trial.

During the Sept. 14 hearing, Cross waived his right to a speedy trial. The court scheduled a final pre-trial hearing for 9 a.m., Monday, Dec. 21, followed by jury selection 9 a.m. on Monday, Jan. 4. Both will take place in Grafton Superior Court.

Court records show the witness tampering case has a final pre-trial hearing on Monday, Oct. 19.

Messages left with Assistant Grafton County Attorney Paul Fitzgerald, who is prosecuting the two Grafton County cases, were not returned on Monday. Hescock and Quinn were unavailable for comment.

A dispositional conference for Cross' charges in Belknap County is scheduled for 8:30 a.m. on Thursday, Sept. 24, in Belknap Superior Court.