Judge finds probable cause in Ashland arson, case headed to Grand Jury

Alleged arsonist Cody Cross is being held at Belknap County Jail before trial, after probable cause was found he burned down his own house on Cross Road, on April 1.

Cross appeared for a probable cause hearing in Plymouth District Court, on May 8, alongside attorney Adam Hescock of Marsicovetere & Levine Law Group, of White River Junction.

Prosecuting the case is Paul Fitzgerald, of the Grafton County Attorney’s Office, who showed video taken by state Fire Investigator Matthew Wilmot of the aftermath of the fire Cross allegedly started. The video showed pieces of an artificial Christmas tree, in separate locations of the house, covered with a substance Wilmot believed to be heating oil.

Wilmot, as well as Ashland Police Lt. Nicholas Raymond, were questioned on the witness stand by Hescock and Fitzgerald. Both witnesses spoke of Cross’ alleged behavior before and after the fire, including claims of domestic violence, threats to police officers and himself, and telling officers during a January arrest he would burn down the home, at 28 Cross Road.

On the stand, Fitzgerald asked Raymond if he went to Cross Road on Jan. 19. Raymond said he did, with Officer Nicholas Shannahan, responding to a call about domestic violence and Cross’ ex-girlfriend.

Fitzgerald said this was relevant to show the house was occupied structure as of that date.

“That sounds relevant to me,” Judge John Katsirebas said.

Wilmot took the stand and told the court he is coming up on 12 years of investigating the cause of fires. Fitzgerald asked him about an April 1 investigation at 28 Cross Road.

Wilmot said he was off-duty, and his supervisor asked him to assist the Ashland Fire Department in a call about a building fire. He arrived around 11 p.m., and met with members of Ashland police and fire, including Shannahan.

Shannahan told Wilmot that Cross threatened to burn down the house on Jan. 19, during booking for other charges at the Ashland Police Department, according to Wilmot’s testimony. Wilmot said he had footage of Cross making the threats, and Fitzgerald asked to play the video for the court. Hescock objected, and the objection was sustained by Katsirebas. Hescock objected to the use of the video, saying the evidence was not properly admitted.

Fitzgerald asked Wilmot what Cross said.

“He said that he owned the house and didn’t owe a dollar on it, in the same sentence that one or more of the arson threats were made,” Wilmot said, noting on Jan. 19, he made “three or four” separate threats.

On the night of the fire, Wilmot also spoke with Cross’ grandmother, who gave him information to show the house was owned by Cross and his sister. He also interviewed the sister, who confirmed it. Later, he obtained documents from the town that show the house is owned by the siblings, upon the death of their father.

Fitzgerald showed a video recording of the next day. Hescock again objected, but the objection was overruled, as Wilmot took the video himself.

At Fitzgerald’s request, Wilmot identified two portions of an artificial Christmas tree made of plastic and metal. A K-9 unit trained to detect the scent of fire accelerant was at the scene, searched the house, and the dog alerted to the presence of accelerant on both portions. The evidence was gathered and sent for testing, and results are pending.

The video then panned to a fuel tank, and Fitzgerald asked Wilmot what he found.

“I found evidence to support that attempted arson had occurred in that approximate area,” Wilmot said. “I found that to the bottom left of the heating oil tank that the heating oil line and filter were broken off, and a greasy, oily substance was present in and amongst the hay, placed around and underneath the heating oil tank, as well as a chunk of hay that was placed on top of the propane gas line.”

Wilmot also found charred remains of a paper towel, which indicated a second attempt to light a fire. He said there was no fire damage joining the two points, and the heaviest damage at the northeast side of the house wasn’t associated with the paper towel fire damage.

Wilmot said he confirmed two separate areas of origin.

“There was no communication of the fire between these two points, which is very clear evidence of an incendiary fire,” Wilmot said.

Wilmot said first responders said there was a possibility of a third area of origin at the east side. Responders saw the two pieces of artificial Christmas tree on fire, up against the house, and laboratory analysis is pending.

Wilmot said he interviewed “many” witnesses. He said between 5 and 6 p.m., Shannahan saw Cross, on the day of the fire, driving up Cross Road, a dead end street. He also spoke with Cross' grandmother, who said she was not able to reach him. In a follow-up interview, Wilmot asked her if she had information about the fire. She told him even if she did, she would not be inclined to share.

Wilmot spoke with other witnesses, some who said they heard Cross doing peel outs up the road the night of the fire. This is common behavior of Cross, according to information gathered from other witnesses. Wilmot also said Cross' ex-girlfriend had concerns including “unpredictable violent behavior,” methamphetamine use, and previously saying he wanted to burn the house down.

Wilmot told the court he spoke with Cross just before 1 a.m. on April 2, as he was trying to get a search warrant for the property. He said Cross drove up the road in his truck, stopped, and they spoke with him for a “period of time.”

“I observed that he was holding a blue disposable, what appeared to be a Bic lighter, in his hand,” Wilmot said.

Wilmot said he seemed “heavily impaired.” During the conversation, Wilmot said Cross did not answer questions clearly about ownership of the property, insurance, or what happened. Cross was told people were trying to get in touch with him, and he said he smashed his phone. Wilmot asked him if he burned the house down, which Cross denied, but acknowledged prior threats.

Wilmot said they discussed his whereabouts before the fire. Cross said he was working, and spending time with family members and friends. Wilmot said he has unsuccessfully tried to get surveillance footage in the area during  when the fire took place.

Mid-way through the day, Wilmot said those he interviewed said Cross was upset about a breakup with his girlfriend, and was under the influence of substances, and was destroying parts of his property. He also said Cross boasted the Ashland police chief was worried he would burn down the chief’s house, in a “bragging manner.”

One person interviewed said Cross spent the day in the house that would later burn, and left around 7 p.m. on April 1. While there, Cross was “tearing the place apart,” and yelling incoherently. The house was not on fire yet, and Wilmot said the witness did not know about Cross' past threats.

Fitzgerald asked Wilmot to identify Cross, and said “he is wearing dark green pants and a dark green shirt.”

Hescock took over questioning, asking if there was surveillance of Cross’ whereabouts between 7 and 9 p.m. on April 1, and Wilmot said he didn't have any. He also said he didn’t have evidence about phone records yet, and was trying to get a warrant for them.

Hescock said when Cross was interviewed, he denied setting the fire, and voluntarily spoke with Wilmot. He asked Wilmot if he noticed heating oil residue, or the smell of smoke, and he said, “I’m not sure if I was close enough, but the whole area smelled like smoke.” Wilmot was asked if he saw any footprints, and he said he did not.

“There is actually no evidence, or any witnesses, saying that Mr. Cross was actually at the fire,” Hescock said.

Hescock asked the court not find probable cause, as there would have been a smell, cellular data, witnesses putting Cross at the scene, or surveillance showing Cross there.

After about an hour of testimony, Katsirebas said he found probable cause in the case.

“Considering all of this circumstantial evidence in its totality, the court does find there is probable cause to believe that Mr. Cross perpetrated this act.”

The court awarded the prosecution's request for Cross to be held in jail pending trial, and not contact certain people.

“He represents a significant risk to the community, specifically to law enforcement personnel,” Wilmot said.

Cross will be held at Belknap County Jail until the case is elevated to Superior Court. The prosecution has 90 days to present charges to the Grand Jury for an indictment.