Niagara Falls Woman Says She Killed Client After He Assaulted Her Over Condom Usage, $100 Dispute

Ashley Marie Berger took the stand in Niagara County Court on Wednesday and described the encounter that ended with her fatally stabbing a man during a prostitution transaction in 2014.

Berger, who is seeking a reduced sentence under New York’s Domestic Violence Survivors Justice Act, testified that Richard Christian visited her at a South End Niagara Falls motel in the early hours of April 27th, 2014.

According to her account, Christian paid her $100 in cash for sex. However, the situation turned violent when he removed his condom during the act.

“I said, no we have to stop,” recalled Berger. “So at first he didn’t want to stop but I finally got him off of me, and he wanted his money back.”

Berger explained that she had strict rules set by a man referred to in court only as “E.C." (her on-again, off-again boyfriend and alleged pimp). E.C. reportedly enforced condom use to protect her health and to monitor her activity.

Berger said he would count used condoms in hotel room wastebaskets to verify the number of clients.

Berger testified that after Christian ignored her pleas to stop and tried to continue without protection, she attempted to call a friend for help.

"He slapped the phone out of my hand and punched me in the head,” testified Berger. “I got up and grabbed a knife from underneath the mattress. I was scared something bad would happen to me and I had all these vision of the past.”

Berger said she held the knife up to protect herself, but Christian lunged at her.

“I stabbed him,” said Berger. “I can’t say what I felt. I can see myself do it, but I feel like I wasn’t actually there.”

According to her testimony, Christian then put his shoes on and walked out of the motel room. Moments later, she heard a loud thud.

“I heard a thud and when I opened the door I saw him lying on the ground."

Berger told the court she immediately contacted Niagara Falls Police and threw the knife off the motel’s balcony.

When officers arrived at the Rodeway Inn on Main Street, they found Christian, 22, collapsed outside the room with a stab wound to his chest. He was taken to Niagara Falls Memorial Medical Center where he was pronounced dead shortly after.

Testifying on Tuesday, Berger gave emotional testimony about her history of trauma and abuse, starting in her childhood. She described being sexually abused at age 3 by her mother’s ex-boyfriend and later by a stepfather. As an adult, she said she entered into a long-term abusive relationship with the father of her children.

“He was abusive, selling drugs and drinking a lot,” said Berger. “He broke my nose and put my head through a window while I was pregnant.”

After leaving that relationship, Berger moved into Carolyn’s House, a transitional home for women and children escaping domestic violence. She described the shelter as a turning point, a safe space, where she worked part-time jobs and tried to rebuild her life.

However, her attempt to reconnect with her ex-partner and move out on her own led to further instability. Eventually, she found herself alone with her young daughter in a Third Street apartment. It was then she met a man referred to in court as E.C..

Berger said she met E.C. at a party and was initially charmed. But within weeks, he became abusive and manipulative.

“He was hitting me [and] dragging me down the stairs,” she said. “He said, since you like having sex with people for free you could just get paid for it. He made it sound so easy.”

Berger described how E.C. pressured her into sex work, driving her to hotels and controlling her earnings. She said he gave her drugs to dull her resistance, while he arranged appointments using the now-defunct Backpage website.

“I told him, I’m scared. I don’t want to do this. He said it will be fine. It will just take a few minutes."

Berger said that over time, she was forced to see multiple clients every weekend and could make up to $1,000 per night, all of which E.C. took.

“I was angry. I didn’t understand,” she said. “He was supposed to give me the money.”

Prosecutors contend that Berger’s decision to engage in sex work was voluntary and they oppose any reduction in her sentence.

The DVSJA requires that a defendant show they were a victim of domestic violence at the time of the offense and that the abuse significantly contributed to the criminal act. Prosecutors argue that Berger’s actions don’t meet that threshold.

When the DVSJA was passed, researchers at Brooklyn Law School estimated that nearly 500 incarcerated individuals across New York might be eligible for re-sentencing under the statute. Berger was among those identified as potentially qualifying.

Niagara Falls Woman Says She Killed Client After He Assaulted Her Over Condom Usage, $100 Dispute