Ashley Mack won’t be prosecuted for estranged husband’s murder

Posted at 11:07 AM, Dec 05, 2013
and last updated 2013-12-09 20:21:32-05

COLONIAL HEIGHTS, Va. (WTVR) - Charges against Ashley Mack were nolle prossed, or set aside, when she appeared in court for her murder trial Monday.

Last week, both Mack's attorney and the family of her late estranged husband Rusty Mack told to CBS 6 this was going to happen.

Rusty Mack's family told CBS 6 senior reporter Wayne Covil they were upset Colonial Heights Commonwealth's Attorney William Bray decided not move forward with the trial. [CLICK HERE: Mack's parents upset with decision to drop charges]

Bray said he planned to drop the case because Ashley Mack did not kill her estranged husband, rather she was merely there when it happened.

Ashley Kate Mack (PHOTO: Colonial Heights Police)

Ashley Kate Mack (PHOTO: Colonial Heights Police)

Mack, who pleaded not guilty earlier this month, was one of four people charged in the Feb. 2013 beating death of Rusty Mack.

She was accused of hitting Rusty Mack, to whom she’d been married for a few months, outside his Colonial Heights apartment.

Mack died as a result of his injuries.

She is the third of the four suspects not to be convicted in Rusty Mack's death. Earlier this year a jury found one suspect not guilty and charges were nolle prossed against a second suspect.

The fourth suspect, 18-year-old Blair Dacey, is scheduled on trial in February. Dacey is accused of kicking Mack.