3 Charged In Toms River Girl's Disappearance

TOMS RIVER, NJ — The biological parents of a Toms River girl who was missing for five days and a third person have been charged with interfering with custody and obstruction after the girl was found Wednesday night, police said Thursday.

Brian Combs, 44, of Jackson; Mechelle Combs, 39, of Freehold Township, and Linda Roszel, 70, of Jackson, all were arrested Wednesday night, Jillian Messina said. Brian Combs was charged with willful interference in the custody of Ashley Combs, 17, while Mechelle Combs and Linda Roszel were charged with obstruction. Roszel additionally was charged with interference in custody.

Ashley had been reported missing Friday after she failed to come home from school at Toms River High School North, where she is a senior. She lived with her custodial parents, her uncle, Rob Nieratko, and his wife.

She was found Wednesday night in the custody of her biological father, Brian. Messina said police investigating the case had determined early on that Ashley was more than likely staying with family or friends in the area willingly.

Messina did not say where she was found, but said the investigation revealed that the three adults had moved Ashley between different homes to hide her while law enforcement was actively trying to find her. Detective Ryan Quinn, who was the lead investigator, and Detectives Andrew Chencharik and Steve Bucci found Ashley Wednesday night. Messina did not say where Brian Combs was hiding Ashley when they were found.

Investigators also were alerted to concerns about Ashley’s home environment with the Nieratkos.

"Given the totality of the circumstances a referral was made to the New Jersey Department of Child Protection and Permanency," Messina said. "The personnel at this agency have the authority and training to investigate any the concerns raised during the course of this investigation."

She directed further questions about that issue to DCPP.

Jef Henninger, the attorney for the Nieratkos, issued a statement on behalf of the family that said the police department's statements confirmed what the family "thought from day one, which is that Ashley's birth parents had her."

"My clients also believed that they had help and that turned out to also be true. We made it clear from the beginning that if our ultimatum wasn't met, my clients would prosecute to the fullest extent of the law and that's what they intend to do," Henninger wrote.

He also contested a statement from Toms River police that said Ashley wast not in danger.

"My clients continue to believe that Ashley was in danger. Without getting into specifics, the birth parents' parental rights were terminated for a reason," Henninger wrote. He said the Nieratkos have had custody of Ashley for six years.

With regard to the DCPP investigation, Henninger said, "My clients fully expected that the birth parents would make false accusations against them in order to justify their actions."

"These false accusations have been made before. Ashley was placed with the Nieratkos because they could provide her with a loving home. They fully expect that these false accusations will be unfounded and the investigation will be closed quickly," he wrote.

"The family would like to thank the Toms River Police Department for their aggressive investigation into Ashley's disappearance which led to her safe recovery," Henninger wrote.

In a post on Facebook on Tuesday, Rob Nieratko wrote: "Ashley lives a very comfortable life. She is not abused in any way shape or form. The only things she is not allowed to do are to have a cell phone, the reasons why are private and I will not elaborate, or have contact with her birth parents, again, I will not give specific information, as it is nobody's business."

Messina said Quinn, with support from Officer Brittany Catalano, School Resource Officer Graham Borg, Officer Frank Zangara, Chencharik and Bucci, along with a number of officers and dispatchers worked to find Ashley.

Brian Combs was charged with obstruction and willful interference with custody and is being held at the Ocean County Jail. Linda Roszel was charged with obstruction and interference with custody and released on a summons, and Mechelle Combs was charged with obstruction and released on a summons, Messina said.

Additional charges are pending further review of the information collected to date, Messina said.

PREVIOUS COVERAGE:

• Search Continues For Missing Toms River Girl
• Missing Toms River Girl's Family: Send Her Home Or We Prosecute
• Missing Toms River Girl's Family: We Just Want Her Home
• Toms River Girl Still Missing, Search Continues

Note: This report has been updated with comment from Jef Henninger, the attorney for Ashley Combs' custodial parents.

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