Woman Convicted of Killing Man Over $100 Testified in Hearing for Early Release Under Domestic Violence Law

Ashley Marie Berger, a Niagara Falls woman serving a 15-year prison sentence for the fatal stabbing of a man in 2014, is asking to be released early citing a lifetime of abuse and the impact that being a victim of domestic violence has had on her actions.

Now 42, Berger appeared in Niagara County Court on Tuesday, July 15th, where she testified in support of a sentence reduction under New York’s Domestic Violence Survivors Justice Act (DVSJA).

Berger, who has served 10 years of her sentence, is seeking leniency from Judge John Ottaviano. The DVSJA, signed into law in 2019, allows judges to reduce sentences if a defendant can prove that abuse played a significant role in their criminal behavior.

The case stems from the April 2014 death of Richard Christian, 22, whom Berger fatally stabbed in a Niagara Falls motel room during a dispute. Police said Christian had paid Berger, who was working as an escort under the alias “Fiona,” but attempted to take back the money. A struggle ensued and Berger stabbed him.

He was able to make it a short distance outside of the motel room before collapsing. She later pleaded guilty to first-degree manslaughter and was sentenced in 2015.

In court this week, 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 broke my nose and put my head through a window while I was pregnant,” she said. “He sold drugs and drank a lot.”

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., his identity protected by a judicial order as a human trafficking suspect and alleged abuser.

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, dragging me down the stairs,” she recalled. “Then he told me, ‘Since you like having sex with people for free, you could just get paid for it.’”

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 was scared. I didn’t want to do this,” Berger said, her voice trembling. “He said, ‘It’ll be fine, it’ll just take a few minutes.’ Then he took all the money.”

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. 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.

Christian was found with a stab wound outside a room at the Rodeway Inn on Main Street in Niagara Falls. He later died at the hospital. Berger was arrested shortly afterward and has remained incarcerated since her 2015 sentencing.

Berger's testimony is set to continue this morning. Her legal team, led by Dara Sheinfeld, maintains that her history of physical, emotional, and sexual abuse directly contributed to the events that led to Christian’s death.

“This law exists for people like Ashley,” Sheinfeld said outside court. “She’s not denying what happened, but asking the court to understand the full context of her life and the abuse she endured.”

One of the expert witnesses expected to appear is Dr. Dawn Hughes, a nationally recognized forensic psychologist known for her involvement in high-profile cases including the trials of Harvey Weinstein and Sean “Diddy” Combs.

Dr. Hughes is expected to discuss how Berger's history of trauma may have influenced her decision-making the night of the stabbing.

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.

Judge Ottaviano is expected to make a decision on her request later this year.

Woman Convicted of Killing Man Over $100 Testified in Hearing for Early Release Under Domestic Violence Law