Voluntary manslaughter charges have been dismissed against Ashton Stiwinter after the prosecution conceded it does not have the burden of proof required to convict.
According to details laid out by a dismissal notice of reinstatement written by prosecutors James Rice and Jason Arnold, charges were brought against Stiwinter in September 2023 after an incident that took place on Jan. 1, 2023, which resulted in the death of Nathan Humphries. An affidavit filed by the Macon County Sheriff’s Office shared the testimony of deputy William Younce, who described the incident.
Willard Stiwinter, Humphries’ stepfather, informed him that George Stiwinter, Humphries’ stepbrother, was planning to remove a tree from their property on 586 Stiwinter Mountain Rd. with Collin and Ashton Stiwinter, George’s sons. Humphries went to the property. A physical altercation occurred between George, Collin and Ashton over the tree. Ashton, who was in the tree when the altercation started, came down from the tree and became involved. Humphries became unresponsive and 911 was called.
According to Younce, Humphries was transferred to the end of the driveway to await first responders, who attempted to administer treatment to Humphries. Humphries was pronounced dead at the scene.
According to the affidavit, medical examiner Jolene Keith observed injuries consistent with a fistfight on Humphries’ body. An autopsy declared Humphries’ cause of death as asphyxiation due to neck compression, with the report listing blunt trauma to the head and extremities. Collin Stiwinter was also injured with a black eye and scrapes on his hands.
According to the dismissal notice, 10 adults were identified at the scene by first responders, including Humphries, his wife Whitley Humphries, Willard, George, Ashton and Collin Stiwinter and assorted neighbors, friends, family and children. The state’s case was reliant on testimony from these witnesses.
“These accounts consistently describe the victim as the aggressor who initiated the physical altercation with Collin and Ashton Stiwinter,” the dismissal reads. “While minor inconsistencies exist, the central facts remain the same: the victim instigated the fight, and the defendant acted in defense of himself and others in restraining the defendant in what he described as a headlock. This is consistent with the cause of death, asphyxiation. The autopsy confirmed that death occurred quickly. However, it cannot establish the exact duration of restraint nor that excessive force was applied.”
The document also noted that an investigation showed Humphries had a violent criminal history, including for “felonious breaking and entering, felonious larceny and attempted jail escape.” The document added that he “was widely known to law enforcement and the community as dangerous and violent.”
Additionally, a video of Humphries assaulting a pizza delivery driver was discovered through the course of the case. The dismissal described Whitley Humphries’ statements about the case as “inconsistent and at times contradictory.”
“She initially indicated that her husband was ‘not too mad’ before leaving for Stiwinter Mountain and that the purpose of the trip was to ‘ruffle some feathers’ and ‘scare them.’ Her recollections to investigators varied, raising reliability concerns that undermine her credibility as the state’s key witness. Her initial recollection of the incident involving the pizza delivery driver was also initially inconsistent with available evidence,” stated the dismissal.
“For the foregoing reasons,” the dismissal concluded, “the state lacks independent evidence to establish beyond a reasonable doubt that Ashton Stiwinter committed voluntary manslaughter. All available testimony supports the conclusion that the victim was the aggressor, that the defendant acted in defense of himself and others, and that the force used was not proven to be excessive … For these reasons, the state cannot meet its burden of proof, and this case must be dismissed.”