Judge Weighs Sentence Cut After Niagara Falls Woman Killed Client Over Condom Usage, $100 Cash

A Niagara County Court judge is expected to decide by the end of January whether a woman convicted of a fatal stabbing should receive a reduced prison sentence under New York’s Domestic Violence Survivors Justice Act.

Judge John Ottaviano is reviewing final written submissions filed December 29th by both prosecutors and defense attorneys for Ashley Berger, 42, of Niagara Falls. Berger has already served roughly 10 years out of a 15-year state prison sentence stemming from the killing of 22-year-old Richard Christian. She is seeking either a shortened sentence or immediate release.

The underlying crime dates back to April 27th, 2014, when Niagara Falls Police responded to the Rodeway Inn Motel on Main Street. Officers found Christian suffering from a single stab wound to the chest outside a motel room door. He was taken to Niagara Falls Memorial Medical Center where he ultimately died.

Investigators determined that Berger had been staying at the motel and that Christian had solicited her as a prostitute. As part of a plea to first-degree manslaughter, she admitted stabbing Christian during a dispute after he attempted to reclaim the $100 he had paid her.

Berger said that the incident took place after Christian refused to put on a condom and had forced himself on her. Berger was a 31-year-old mother of two with no prior criminal record.

The request followed more than three days of testimony in October during which Berger and multiple expert witnesses detailed allegations of long-term abuse, exploitation, and coercion. Ottaviano is evaluating the request under the Domestic Violence Survivors Justice Act, enacted in 2019, which allows courts to reconsider sentences when abuse is shown to have played a substantial role in the underlying crime. The statute applies to both pending cases and post-conviction resentencing motions.

Expert testimony presented on Berger’s behalf included analysis from professionals specializing in domestic violence, trauma, and sex trafficking. One of the experts has previously testified in nationally prominent sexual assault cases, lending additional weight to the defense’s argument that Berger’s actions occurred within a broader pattern of victimization.

Under the law, defendants must demonstrate that they were victims of physical, sexual, or psychological abuse at the time of the offense and that the abuse was a significant contributing factor to their criminal conduct. Prosecutors challenged Berger’s credibility during the hearing, suggesting her account had been shaped to meet the legal threshold for relief under the statute. Defense experts countered that independent evidence supported Berger’s narrative.

This would be the first such relief granted in Niagara County.

Promotional Content

Judge Weighs Sentence Cut After Niagara Falls Woman Killed Client Over Condom, $100 Cash