Deliberations continue in murder case

Ashley Cook broke down in court Tuesday after refusing to testify during her trial for the shooting of Shelbyville car salesman Bill Ross. (T-G Photo by Brian Mosely) [Click to enlarge] [Order this photo]

Cook is facing charges of first degree murder and conspiracy to commit first degree murder. Defense attorney Jack Dearing has said that Cook should be charged with "something less than first degree murder."

Ross was shot three times while he slept in his bed at his Wartrace Pike home on Feb. 14, 2007. His wife, 38-year-old Kimberly Ann Ross, was sentenced to life in prison last November after pleading guilty to first degree murder for her role in planning the slaying.

District Attorney Chuck Crawford says Cook pulled the trigger while Justin Young, age 20, allegedly loaded the gun and let Cook enter the home to shoot Ross in order to make the death look like part of a home invasion.

Cook has admitted to firing the shots that killed Ross, and broke down and wept Tuesday after deciding not to testify in her own defense after the state rested its case against her. The defense called no witnesses on Cook's behalf.

Closing arguments

During the state's closing arguments, Assistant District Attorney Mike Randles told the jury the case should be decided on the law and facts.

He said the conspiracy charge was based on the conversations Kimberly Ross had with Young and Cook, stating what they were talking about was "not just casual talk."

The first degree murder charges are simple, with Randles saying that the slaying was a premeditated act. Randles said that Kimberly Ross wanted her husband dead and began to tell Young and Cook that her husband beat and sexually assaulted her, yet the pair saw no evidence of it.

Randles also asked the jury why Cook would invite two black men, Rodney Tennel and Vincent Floyd, to her trailer right before she left to commit the murder. Randles told the jury that Cook was trying to set them up for the slaying, calling them "two convenient fall guys," but Tennel and Floyd had left Cook's trailer before she returned with the murder weapon and one of the Ross' vehicles.

Randles also said that Cook knew what she was going to do since she took a taxi to the Golden Gallon and walked the rest of the way to the Ross home so she wouldn't wake the victim and was wearing purple surgical gloves when she arrived.

"Don't cut her any slack," Randles said. "Follow the law."

Dearing focused his closing remarks on the actions of Kimberly Ross, saying that she had given "an Academy Award winning performance" on the 911 call to authorities and said she could be very convincing.

The defense attorney also wondered why Kimberly Ross adopted Young and Cook as surrogate children when her other kids don't live with her, with one in foster care.

"What's wrong with this picture?" Dearing asked.

Defense attorney Dearing said Kimberly Ross "molded" Young and Cook over time to do her bidding. Dearing termed Young and Cook as "kids" because they would do what Kimberly would tell them to do.

Cook was "under the control" of Kimberly Ross, Dearing said. The defense also hinted that Young was testifying against Cook to get a lower jail sentence. He urged the jury to convict Cook of a lesser charge than first degree murder.

Crawford gave a stinging rebuttal, saying that he "couldn't forgive himself" if Cook was convicted of anything less than first degree murder. He also said if Kimberly Ross gave "an Academy Award winning performance," then Cook was part of the supporting cast.

Crawford also took exception to Dearing's characterization of the 23-year-old Cook as a "kid," saying that she was an adult.

"If your Mom told you to kill someone, would you?" Crawford asked the jury.

More testimony

The day began with the testimony of Megan Jones, who told Crawford she was involved in an intimate relationship with Cook and had lived with her until right before the slaying.

Jones said she had heard Kimberly Ross, Cook and Young talking about Bill Ross, stating that Kimberly "wanted him gone" and "wanted to off him."

Jones also testified that she heard conversations about planning the home invasion story, with Kimberly saying that "He (Bill Ross) has to go, we can blame it on two black guys."

She also told Crawford she heard discussion about what they would say during the 911 call and heard Kimberly ask where she could get an untraceable gun.

Jones also testified that a couple of days before the slaying, Kimberly called Cook on Jones' phone and Cook said she would be over at the Ross home in a few minutes, and left dressed in black. Cook later returned and told Jones if Kimberly called back, not to answer the phone.

After the slaying occurred, Jones found the keys to the Ross' Nissan Versa and turned them over to the sheriff's department.

Under cross-examination from the defense, Jones described how she met Cook, the Rosses and Young and that Kimberly had paid the rent for the trailer Cook and Jones shared.

Jones testified that she had taken Kimberly to the hospital on a number of occasions, but during the closing arguments, the state asserted that Kimberly was feigning illness to acquire drugs.

She also testified that she and Tennel had a "one time" sexual encounter and Jones and Cook had a "falling out" soon after that, with Cook filing a restraining order against Jones. Jones said Cook was mad that she was going to return to her husband.

Jones also said she felt bad about not warning Bill Ross about the plot against his life, saying that she thought it would never happen, didn't believe it and thought "they were just mouthing off."

"I should have warned that man," she said.

Justin Young takes the stand

Young testified next, telling the jury that he met the Rosses through Kimberly's son, Travis, in 2006 when they both attended Marshall County High School. Travis "got into trouble" and was placed in foster care, yet Young got to visit him at the Ross' home during weekend passes.

In January of 2007, the Rosses asked Young to move in to help out since Kimberly "had medical problems." Young testified he never saw or heard Bill Ross abuse or threaten Kimberly when he stayed there, but said she started saying that Bill "needed to leave" around the first of February.

When he asked Kimberly why she didn't leave Bill, she replied that she would lose everything.

Young testified that several days before the murder, he and Kimberly were in Nashville when she faked having a stroke. Paramedics responded but could find nothing wrong with her. Nevertheless, she was admitted to St. Thomas Hospital.

After she was discharged the next day, Young testified that Kimberly called Cook and asked "if things were done yet."

Young stated he heard Kimberly say that they were "on the way back, he is suppose to be dealt with" and asked Cook "if it had been done."

Upon the pair's return, Young testified that a new plan came into being, which involved staging the home invasion. Young said the killing was supposed to happen on the evening of Feb. 12 or the morning of the 13th, but they "couldn't get it all set up."

When Bill Ross was away at work, Young said he cleaned the gun and wiped it down to remove fingerprints. Young called Cook to let her know when to come over, about 11:30 p.m. or midnight, so he could let her in, he testified.

When Cook arrived, she knocked on Young's bedroom window and helped her in. Young testified that Cook was already wearing purple latex gloves, which Jones had left behind in the trailer they shared, from Jones' job in the medical field.

Young said he did not have to convince Cook to pull the trigger and had no reluctance to do so. He testified he saw Cook enter Bill Ross' bedroom, heard the shots and heard Bill's screams, followed by moans.

Young said he gave Cook $30 and the keys to the Versa before she tied him and Kimberly up and lay in the kitchen to wait on law enforcement to arrive.

Young eventually confessed to his part in the slaying during an interview with TBI agent Wayne Wesson.

He also said that he had been in jail for the past year and a half and received no promises from the D.A.'s office, but is hoping that cooperating with authorities will lessen his jail sentence.

Under cross-examination from the defense, Young stated that Kimberly was good at manipulating people and that the idea for the slaying originated with her.

Other testimony from Young related an incident a few days prior to the slaying when Travis and Young discussed "beating up" Bill Ross, but not killing him.

Also testifying was medical examiner Dr. Thomas Deering, who stated that any one of the three shots fired by Cook could have been fatal to Bill Ross.

The jury will continue their deliberations at 9 a.m. today.