Death penalty possible in Dystiny Myers’ murder
July 26, 2011
A San Luis Obispo attorney’s motion to rule out the death penalty for one of the alleged killers of 15-year-old Dystiny Myers was denied Monday in San Luis Obispo Superior Court.
William McLennan, the attorney for Ty Michael Hill of Santa Maria, argued that his client should not face the death penalty because Myers was not kidnapped or tortured in the act of the killing as required for the death penalty.
The badly burned body of Myers, 15, was found in a shallow grave near Santa Margarita in September. She was found hogtied with her legs bound behind her, a glove stuffed in her mouth, sweat pants tied around her throat and her hands duck taped across her chest.
“While the victim was beaten and asphyxiated, there was no evidence that Ty Michael Hill or any of the defendants had the intent to inflict severe pain, beyond the pain of death, for a sadistic or other evil purpose,” McLennan said in his a motion.
Prosecutors said in February they are considering seeking the death penalty for Rhonda Wisto after they have more time to review the evidence. Wisto allegedly ordered the others to kill Myers because the teen disrespected her.
Hill was the alleged leader in carrying out the torture and murder of Myers.
The remaining three defendants–Cody Miller, Jason Greenwell and Frank York–will not face the death penalty.