H-SAN LUIS OBISPO

Mar 13, 2013 9:43 PM by April Hansen, KSBY

Myers Murder Trial Day 3: Surveillance video helps create a timeline

Wednesday marked the third day of the Dystiny Myers murder trial.

Rhonda Wisto and her son Frank York have been charged with the first degree murder of the 15-year-old, who was found buried near Santa Margarita in 2010.

They are also charged with conspiracy to commit murder, kidnapping and torture.

Prosecutors called a witness to the stand Wednesday who gave detailed information about the alleged drug activity that was going on at Rhonda Wisto's home, including the selling and using of methamphetamines, heroin and ecstasy.

It was emotional testimony and the District Attorney's Office asked that this person's identity not be shared for their safety, but we were able to get surveillance footage prosecutors hope will help piece together a time line of what happened to Dystiny.

The surveillance video was taken around 3 a.m. the day Dystiny's body was found.

It shows a man wearing a black sweatshirt shopping in the Chevron gas station in Pismo Beach.

"He seemed nervous and talkative. He asked me if I had one of those day," said Mark Gable, a cashier at the Chevron gas station in Pismo Beach.

Gables said two men wearing black sweatshirts pulled up in a truck to get gas and to buy supplies.

"They got a flash light, some sodas and then he came back to the counter and said ‘mines going to get better," said Gable.

Gable said one of the men went to the bathroom, but he identified one of the men as Ty Michael Hill, one of the five people suspected in Dystiny's murder.

Gable says Hill was wearing black gloves and when he removed one of them, Hill had his hand taped.

Gable noticed something odd.

"While he was talking to me, he had said ‘have you ever had one of those days' and he pulled off his gloves. I noticed his hands were wrapped and had blood on them," said Gable.

As the man identified as Ty Hill leaves the gas station, a police officer is next in line.

Prosecutors also showed surveillance video from a Jack in the Box in San Luis Obispo a few hours after Hill was seen at the Chevron gas station.

Investigators also found two black sweatshirts in a dumpster at the Jack in the Box nearby where that truck was sitting

Two others are also charged with the murder of Dystiny Myers - Cody Miller and Jason Greenwell. They are expected to testify.

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