Miller flips again, agrees to life in prison without parole

March 19, 2013

A day after choosing to plead not guilty to the murder of Dystiny Myers, Cody Miller reversed his plea to guilty and accepted a prison sentence of life without the possibility of parole.

Miller surprised prosecutors and courtroom spectators Monday when he reneged on a promise to testify and instead entered a not guilty play. A day later, however, the participant in the Sept. 26, 2010 slaying of the 15-year-old Myers chose not only to plead guilty to first-degree murder, but also to a charge enhancement that would rid any possibility of him receiving parole.

Miller’s attorney Gael Mueller said the reversal in plea “was strictly Cody’s decision.”

“He does not feel he belongs in society,” Mueller said. “That’s how he feels.”

Miller pled guilty Tuesday to the willful, deliberate and premeditated murder of Dystiny Myers and conspiracy to commit first-degree murder, as well as to engaging in kidnapping while committing murder. The kidnapping enhancement ensures life in prison without parole.

Additionally, Miller chose to waive his right to appeal and requested that sentencing occur immediately.

Following Judge Barry LaBarbera sentencing Miller to life in prison without parole, Myers’ grandmother and mother each made statements.

Myers’ grandmother Kathy Clark forgave Miller, saying it was necessary for her to do so. But, Myers’ mother Aileen Myers told Miller, “I hope you rot in hell.”

Both Clark and Aileen Myers described their respective granddaughter and daughter as “a gift.”

“It was a gift from God and we were given that opportunity for 15 years of life,” Clark said.

Aileen Myers said her daughter impacted the lives of many people she never even met.

“I believe she was a gift. She was an angel,” she said.

The victim’s mother also said that her daughter would “haunt” Miller.

Miller apologized to Myers’ family after her grandmother and mother made their statements.

“I really am sorry,” Miller said. “I’m not asking for your forgiveness. I know I don’t deserve it.”

Miller’s co-conspirator Jason Greenwell testified Monday that Miller duct taped Myers’ throat prior to Ty Hill and Jacob York beating her with a baseball bat, punching her and kicking her. Greenwell also testified that, upon arriving at the Santa Margarita location where the group burned Myers’ body, Miller said he stuffed a glove down her throat and that she was dead.

Mueller said Miller would not testify.

York and his mother, Rhonda Wisto, remain the only two defendants standing trial for the Myers murder.