Posted: Mar 18, 2013 6:10 PM by April Hansen, KSBY
Updated: Mar 19, 2013 2:22 PM
Two of the five people suspected of being involved in the murder of 15-year-old Dystiny Myers were on the stand Monday.
Myers' body was found beaten and burned near Santa Margarita back in 2010.
Cody Miller and Jason Greenwell were scheduled to testify today about what happened to Myers, and York and Wisto's involvement in her murder, but Miller did not testify.
In January, he pleaded guilty to first degree murder and agreed to testify against York and Wisto, but withdrew his guilty plea on Monday and will now stand trial.
If he would have testified, he may have been sentenced to a life term with minimal eligibility for parole in 39 years, but by invoking the Fifth Amendment, he may instead be sentenced to life in prison without parole.
"Did you agree to provide truthful testimony at a trial against any of your co-defendants?" asked a prosecuting attorney.
"Yes," said Miller.
"Do you intend to do that?" asked a prosecuting attorney.
"No," said Miller.
"Are you willing to testify and be called to the stand in this case?" asked a prosecutor.
"No ma'am," said Miller.
"Mr. Miller, were you involved in the murder of Dystiny Myers?" asked a prosecutor.
"I'm not testifying ma'am," said Miller.
Jason Greenwell did testify against Rhonda Wisto and Frank York.
Greenwell admitted to being involved in her murder and disclosed detailed information about the others involved.
Greenwell testified that Rhonda Wisto was upset with Myers because she thought Myers was stealing from her and was disrespectful.
Several members of Myers family sat in the front row as Greenwell gave his time line of events leading up to Myers' death.
He says the day Myers was murdered, Myers told Rhonda Wisto, Ty Michael Hill, Cody Miller, Frank York, and Jason Greenwell that she was leaving Wisto's home.
Greenwell says Ty Michael Hill told him, York and Miller to put on dark clothes and black rubber gloves.
He says Rhonda Wisto was telling her son Frank York what to wear.
Greenwell says at one point, York told Wisto he ‘didn't want to do this', but Wisto said ‘things like this just have to happen.'
Greenwell says Ty Michael Hill gave Dystiny a shot of heroin, so he could bind her hands together with tape.
He says York and Ty Michael Hill hit Dystiny with a baseball bat multiple times.
Greenwell says Ty Michael Hill told Frank York to ‘Mark Mcgwire her,' as they continued to stomp and kick her.
"On the way back from Santa Margarita, Ty mentioned something. He mentioned giving her a shot of heroin. He said, ‘how do you think I got her to let me tie her hands.'
She told them to tell her mom she loved her," said Greenwell.
Rhonda Wisto and Frank York are charged with first degree murder, conspiracy to commit murder, kidnapping and torture.
Ty Michael Hill pleaded guilty to first degree murder and was sentenced to life in prison without parole
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