The five defendants accused in the kidnapping and murder of 15-year-old Dystiny Myers were back in court on July 25, pursuing a couple of legal options—including a request for dismissal of the cases against four of the defendants.
Attorneys for defendants Cody Miller, 22, of Fresno; and Frank York, 20; Jason Greenwell, 21; and Rhonda Wisto, 47, of Nipomo, filed motions seeking to dismiss the charges against their clients, claiming a lack of sufficient evidence to proceed to trial.
Those motions were denied by Superior Court Judge Michael Duffy.
Attorneys for Ty Hill, 28, of Santa Maria, the sole defendant in the case facing a death sentence, also filed a motion to have that possible sentence taken off the table. Attorneys William McLennan and Tom Allen argued that evidence submitted at an early February preliminary hearing didn’t clearly indicate Myers was kidnapped, tortured, and intentionally murdered—a set of special circumstances required in capital cases. Duffy disagreed.
The Sun was unable to obtain comments on the motions because a gag order was issued on the case in October 2010.
Myers’ partially burned body was found in a rural area off Highway 58 near Santa Margarita by Cal Fire officials responding to a report of a brush fire in September 2010.
The defendants have all pleaded not guilty to the charges, and are expected to be back in court in September 2011.
This article appears in Jul 28 – Aug 4, 2011.
