A preliminary hearing at Fort Drum has revealed new details about the murder of a soldier on the Army installation.
Specialist Riley Birbilas was arrested and accused of murdering his roommate, 21-year-old Specialist Jacob Allen Ashton, in an on-post barracks in August.
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Both soldiers were members of the Headquarters and Headquarters Company, 2nd Battalion, 14th Infantry Regiment, 2nd Brigade Combat Team, and had previously deployed together to Iraq.
Specialist Ashton was found dead on August 5, but at the time, the Army Criminal Investigative Division provided little information about the circumstances of his death.
On Tuesday, during a preliminary hearing, prosecutors presented evidence outlining how they believe Birbilas carried out the murder.
According to the prosecution, sometime between the night of August 4 and the early hours of August 5, 2024, Birbilas allegedly attacked Ashton in the barracks bathroom, striking him in the head with a hammer and inflicting a deep cut on his thigh.
Prosecutors claim Birbilas then wrapped Ashton’s body in a blanket, carried it downstairs, and placed it in the back seat of Ashton’s car in the barracks parking lot, concealing it under luggage. Ashton’s body was discovered that morning after he failed to report for a scheduled formation.
The prosecution asserts that DNA evidence links Birbilas to the crime. A trash bag found in a dumpster near the barracks allegedly contained a hammer—believed to be the murder weapon—with DNA from both Birbilas and Ashton on the handle. Additionally, shoes, purportedly belonging to Birbilas, were recovered from the trash, also containing DNA from both soldiers. A bloodstained blanket was found in the same bag. Inside Ashton’s car, investigators discovered his cell phone with DNA evidence allegedly tying Birbilas to the scene.
However, Birbilas’ defense attorney, Mickey Williams, argued that the prosecution is overlooking critical evidence. He raised the possibility of additional suspects, pointing to phone calls Ashton had received threatening to kill him and his family if he failed to pay $5,000.
The preliminary hearing, known as an Article 32 hearing, was held to determine whether there is sufficient evidence to proceed with charges of premeditated murder and obstruction in a general court-martial for Specialist Birbilas.
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