According to a report, Ashton could be called forward to testify against Gargiulo when the case comes to court in the coming months.
Ashley was dating the 36-year-old at the time of her death, in 2001, and he is reported to have given evidence to police at the time
In an interview on US TV show 48 Hours Mystery in 2012, it was claimed the Two And A Half Men actor told police he’d turned up at her home to pick Ashley up but she never answered.
It then went on to state that after looking through her windows, he left and it was only the next day that Ashley’s body was found.