Posted: Mar 15, 2013 6:16 PM by April Hansen, KSBY
Updated: Mar 15, 2013 7:13 PM
On the fifth day of the Dystiny Myers murder trial, Judge Barry LaBarbera asked the jury not to be brought into the courtroom. He didn't want his discussion with the prosecution and defense attorneys to influence the jurors.
Rhonda Wisto and Frank York are on trial for the death of 15-year old Dystiny Myers back in 2010. Her body was found beaten and burned in Santa Margarita.
On Friday, the judge discussed the possibility of another suspect, Ty Michael Hill, taking the stand, but denied that request.
The jurors' seats were empty and Wisto and York were in handcuffs, but Thursday afternoon was a different courtroom.
Jurors were shown video of Frank York being questioned by investigators the day Myers' body was found.
In detail, York tells investigators what happened to Dystiny.
He says when he walked into his room at his mother's house that night, Ty Michael Hill and Cody Miller had Dystiny tied up.
He says they beat her, put her in a duffle bag and drove out to Santa Margarita.
He says they put Myers in a hole and Hill lit it on fire.
York said all he did was get the duffel bag for Miller and Hill and that Hill had planned Myers' murder.
"Who dug the hole?" asked an investigator.
"Cody, me and Jason because Mike told us to," said York.
"And then when you got back into the truck, then what happened?" asked an investigator.
"We took off," said York.
"And all three of you were in the front of the truck?" asked an investigator.
"Yes," said York.
"And then what happened? Where did you go?" asked an investigator.
"I told Mike I wanted to go home," said York.
"And did you go home?" asked an investigator.
"Yes," said York.
"Did you stop anywhere?" asked an investigator.
"We stopped at the Jack-In-the-Box," said York.
That Jack-in-the-Box York he is referring to is in San Luis Obispo.
Prosecutors showed a surveillance video of a truck pulling into the restaurant.
York says they went there for tacos after leaving Myers' body.
Jason Greenwell and Cody Miller are scheduled to appear in court on Monday to testify against Wisto and York.
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