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Prosecutors: Wittal Threatened Victim Day Before Murder

Testimony, text messages show Wittal threatened Rautio, but defense casts doubt on sources of information

By Justin Franz
Robert Wittal, left, and his attorney Steven Scott in Flathead County District Court on Oct. 17, 2016. Greg Lindstrom | Flathead Beacon

Robert Matthew Wittal allegedly threatened Wade Allen Rautio just hours before the 35-year-old Kalispell man was fatally stabbed more than two dozen times in the woods east of Creston.

On the second day of Wittal’s murder trial in Flathead County District Court, prosecutors presented testimony and evidence that showed the defendant had allegedly stated on multiple occasions that he wanted to hurt Rautio, including a text message that stated “I’m gonna slice his [expletive] copcalling throat.”

But Wittal’s defense attorney cast doubt on the validity of the evidence and questioned if Wittal was even in possession of his own phone the morning of May 26, the day prosecutors believed Rautio was murdered.

Wittal, 29, has been accused of deliberate homicide in the May death of Rautio. Wittal and three others, David Vincent Toman, 21, Christopher Michael Hansen, 28, and Melisa Ann Crone, 29, were all arrested in June following the discovery of Rautio’s body on Peters Ridge near Creston. Toman, Hansen, and Crone have all been charged with accountability to deliberate homicide. All defendants pleaded not guilty.

On Tuesday, the 14-person jury heard testimony from Crone, friends of the defendant and investigators about the days surrounding Rautio’s death.

Prosecutors said Crone was a mid-level drug dealer in the area and relied on a group of “enforcers” to collect money from people she sold drugs to. According to court documents, Crone had ordered Wittal, Hansen and Toman to hurt Rautio because she believed the man had stolen from her.

Alura Wood, a friend of the defendants who frequented Crone’s home on South Cedar Drive in Evergreen, testified Crone had promised to make an example of someone because people had been stealing from her.

“Melisa wanted to make an example of someone to show everyone that she is not someone to be [expletive] with, is that right?” defense attorney Steven Scott asked Wood.

“Yes,” Wood replied.

But prosecutors have also pointed to testimony that Wittal had his own problems with the victim. Wittal’s girlfriend at the time of the murder, Christina O’Lexey, testified that the day before Rautio was murdered, she and Wittal had gone to Crone’s house. Wittal had wanted to pick up something from the Evergreen home but when they arrived Rautio wouldn’t let him have it, O’Lexey said.

O’Lexey testified that she witnessed Wittal and Rautio screaming at each other and that her boyfriend yelled, “You better not let me catch you outside this house or you’ll be [expletive] dead.”

Later that day, Wittal allegedly texted Crone, “Tell Wade that the next time that he says another word to me I’m gonna slice his [expletive] copcalling throat.”

Crone testified that she had kicked Rautio out on the night of May 25 or morning of May 26 because she believed the man had stolen from her. Prosecutors said Wittal was aware of the plan to kick Rautio out when he texted Crone, “Then we [sic] he gets kicked out I can stab him.”

But Scott cast doubt on whether or not Wittal had sent those text messages by pointing to multiple occasions when Crone had used another person’s phone, including Wittal’s.

“All you can say with these text messages is that Rob’s phone was used to send these messages, but you can’t actually say that Rob was the one using his phone, can you?” Scott asked lead detective, Josh Buls of the Flathead County Sheriff’s Office.

Prosecutors believe that Wittal, Hansen and Toman took Rautio to Peters Ridge near Creston sometime between 3 a.m. and 7 a.m. on May 26. Crone, O’Lexey and Wood all testified that they were at the Evergreen home when Wittal, Hansen and Toman returned from killing Rautio. All three women testified that while Hansen and Toman seemed subdued, Wittal was excited about what had happened on Peters Ridge.

“He was hyped up and excited,” Crone said.

Crone said that Wittal later told her that he had stabbed Rautio “100 times.”

A few days after the murder, on May 28, Crone allegedly texted Wittal that she was worried about the murder and that someone would find Rautio’s body.

“I’m really tripping about our hiding friend,” according the the text. “Scared kinda a lot for all of us.”

“It’s fine I will deal with it,” Wittal responded.

Scott again questioned the validity of the text messages and if they really came from Wittal and not just someone using the defendant’s phone.

Scott also cast doubt on the work done by the Flathead County Sheriff’s Office. Multiple witnesses said they saw Wittal burn his clothing at Crone’s, but Scott noted that investigators never found any evidence of his client’s burned jeans or boots. While cross-examining detective Buls, Scott noted that the sheriff’s office never found Wittal’s fingerprints on the murder weapons or any blood on Wittal’s clothing.

“There is zero physical evidence connecting my client to this crime,” Scott said.

Prosecutors Andrew Clegg and John Donovan said the state hopes to rest its case on Wednesday. District Court Judge Robert Allison is hoping the jury will receive the case for deliberation before Friday.

Testimony will continue on Wednesday morning at 9 a.m.