Philadelphia- A Montgomery County jury now has the case in the trial of David Downey, [pictured] the man charged in connection with the death of 17-year-old Ashley Burg.

Defense attorney Thomas Egan told the jury today to reject the prosecution theory that Ashley Burg was maliciously murdered.

The defense dismissed the 17-year-old escort’s death as “an unfortunate, tragic accident… people take drugs and die… ”

The defense: After arriving at Downey’s Limerick home, Berg died quickly and so quietly the 52-year-old computer consultant may not have noticed until it was to late.

Arguing it was an accident and not malicious is critical for Downey.

The most serious charge he faces, drug delivery resulting in death, carries up to 40 years behind bars.

To convict Downey of that, the jury must find that he gave Berg drugs that killed her and also acted in a malicious manner.

Prosecutor Samantha Cauffman assured the jury it was “a malicious murderer” and that Downey showed “extreme disregard” for Berg, buying her services but never bothering to learn her name.

The prosecution maintains Berg lay dying for hours on a couch in Downey’s home and Downey didn’t lift a finger to call 911.

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