David Marsh

Ashley Nichole Marsh's Story

A Savage And Brutal Beating

Ashley Nichole Marsh was born into hell. She lived for 11 weeks and, in that short time, suffered more pain and abuse than most people could suffer in ten lifetimes. This is her story. We all must be her voice.

On May 22, 1984 David Marsh, his wife Rebecca, and their 11-week-old daughter, Ashley Nichole were living with Rebecca’s parents, Linda and Jeff Petry. That morning, Mr. Petry stated he heard David and Rebecca fighting before the Petrys left to go to work. When Mr. and Mrs. Petry returned home that evening, David Marsh was outside with Ashley. The Petrys heard baby Ashley crying loudly. When Marsh brought Ashley into the house, she had stopped crying. Shortly thereafter, she stopped breathing.

Ashley was rushed to Cincinnati Children’s Hospital, where she was placed in the intensive care unit. Ashley had extensive injuries. When hospital personnel questioned David Marsh, he stated the injuries were the result of Ashley falling off a kitchen counter while he was attempting to change her diaper. Marsh became hostile when he was confronted about the severity of the injuries. He then told hospital personnel he heard Ashley’s ribs popping when he lifted her up. When advised that the hospital was going to make an official report, David Marsh fled from the hospital.

Doctors did everything the could to help Ashley to no avail. She died from her injuries at approximately 1:20 p.m. the next day. The autopsy report detailed multiple injuries including :

• Blunt impacts to the head
• Contusions to the face and scalp
• Periorbital contusions
• Subscalpular hemorrhages
• Skull fractures
• Subdural and subarachnoid hemorrhages
• Cerebral contusion
• Left retinal hemorrhage
• Numerous contusions to her chest and left shoulder
• Multiple healing rib fractures
• Contusions to the buttocks and left leg

Graphic Testimony Secures Murder Conviction

Police located and arrested David Marsh. After his arrest Marsh gave various stories to law enforcement indicating that he and his wife Becky frequently fought about his getting high on dope, and repeatedly claimed that the child had fallen. Marsh gave authorities inconsistent descriptions of how the injuries occurred. He was then charged with murder and child endangerment.

At David Marsh’s trial the jury heard from Hamilton County Deputy Coroner Dr. Ross Zumwalt. According to Dr. Zumwalt, Ashley had suffered fractured right ribs at least two weeks prior to her death, six weeks prior to her death, and some just a few days before her death. On the left of the rib cage, Ashley suffered several similar rib fractures which varied in age. In Dr. Zumwalt’s opinion, the fractures to Ashley’s rib cage were caused by direct blows to the chest because the child’s ribs at that age would be extremely flexible and would require a great deal of concentrated force to fracture a rib. The doctor stated this is “almost invariably caused by a direct blow, rather than squeezing”.

Dr. Zumwalt described several distinct hemorrhages to Ashley’s skull, one of which was a result of a “harsh impact.” He testified that the skull fractures could not have resulted in a fall such as the one David Marsh described. Two of the skull fractures he observed were of different ages; one was starting to heal, and the other was fresh. There were at least five separate injuries to Ashley’s head, which resulted in injuries to the brain that were the immediate cause of her death.

Dr. Zumwalt stated that the injuries to Ashley’s arms and legs were caused by tearing or twisting of her joints, and included fractures in each hand.

Dr. Zumwalt advised the jury that Ashley’s injuries were a result of “Battered Child Syndrome,” which is defined as “a child that has been injured willfully; willfully inflicted injuries over a period of time; injuries in different stages of healing”.

A radiologist from Children’s Hospital who examined the pre- and post-mortem X-rays also provided testimony. He described hemorrhages, broken bones, and multiple contusions. The fifth, sixth, seventh and eighth rib in Ashley’s back were all fractured in a row, which is indicative of trauma. Likewise, he found injuries that were in various stages of healing and explicitly testified that none of the injuries he observed were the result of an accidental fall.

Linda Petry, Ashley’s maternal grandmother, told the jury that there had been other occasions when David Marsh would take Ashley into the bathroom and they would hear the baby screaming and crying. In the morning after such episodes, they often found bruises on the baby’s face, and said Ashley would cry when Marsh picked her up.

Based on the overwhelming evidence, a jury had no problem convicting David Marsh of Murder and Child Endangering. He was sentenced to fifteen years to life on the Murder charge, as well as two to five years on the Child Endangering, to be served consecutively (back to back).

Since his incarceration, Marsh has twice been convicted of weapons charges while in prison.

No Parole

David Marsh brutally tortured and abused his innocent, defenseless 11-week-old daughter, Ashley. His actions would eventually cause Ashley’s death. After his arrest, Marsh refused to take responsibility for his crimes and showed absolutely no remorse. Releasing David Marsh at any point would be a complete injustice to Ashley Nichole Marsh and would demean his cruelty to her. His release would also endanger the life of every child who would come into contact with him. Based on the heinous and brutal nature of his David Marsh’s crimes we believe he should serve his maximum sentence and remain in prison until the day he dies. To further the interests of justice and to protect society we urge the Ohio Parole Board to give David Marsh the maximum continuance of ten years until his next parole hearing.