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Man Accused of Murdering Kalispell Woman to
your
Go to Trial in October
Cody Johnston posted bail late last year and is currently residing in Flathead County
BY JUSTIN FRANZ OF THE BEACON
The Richland County man accused of murdering a Kalispell woman on Valen- tine’s Day 2013 is set to stand trial this October.
Cody Wayne Johnston is charged with deliberate homicide and tampering with evidence in the death of his girlfriend, Nicole Waller. Johnston was originally scheduled to stand trial in Sidney this month but that changed during a sched- uling hearing last month to give prosecu- tors and the defense more time to prepare for trial.
Johnston was arrested and charged with murder in August 2015, more than two years after Waller, 31, went missing. Waller’s body has never been recovered. Johnston pleaded not guilty in Septem- ber. In November, Johnston posted bail and has since been living in Flathead County with his wife.
According to court documents, Waller and Johnston grew up in the Kalis- pell-area in the 1990s. Waller recon- nected with Johnston in 2011 and the two started dating. At the time, Johnston was living in Fairview, on the Montana-North Dakota border.
Waller made numerous trips to visit Johnston but family members said the relationship was unstable and the cou- ple had separated multiple times. In
February 2013, Waller made another trip to Fairview but within a few days she told friends that the relationship was again deteriorating and that she had ended it with Johnston. She told multiple people on the night of Feb. 13 and morning of Feb. 14 that she was returning to Kalis- pell. That was the last any of Waller’s family or friends heard from her.
Waller was reported missing on Feb. 16 and her vehicle was found abandoned on U.S. Highway 2 near Poplar. The Federal Bureau of Investigation and the Montana Department of Justice took over the miss- ing persons case and a few months later announced that they believed Waller was murdered.
According to court records, evidence suggests that Johnston killed Waller on the morning of Feb. 14 and later disposed of her body in a barrel, although it has never been recovered.
That same day, Johnston allegedly asked a friend to help him move Waller’s Ford Expedition from Fairview to Pop- lar, a distance of about 68 miles, where he abandoned the vehicle on U.S. Highway 2. When the friend asked Johnston why they were moving the vehicle he said that he had found out Waller was cheating on him and he wanted to play a joke on her.
When authorities interviewed John- ston soon after Waller disappeared, he told them that he had stayed at the shop
where he worked in Sidney the night before Waller disappeared because they had been ghting. He told o cers that he had stayed at the shop until noon Feb. 14, but cell phone records show he had actually gone back to Fairview early that morning. At least one witness told author- ities that they saw Johnston parked out- side of his home at about 7:30 a.m. with the engine running on his truck.
Phone data shows Johnston then returned to the shop he worked at and wit- nesses said he used a company computer to deactivate Waller’s cell phone, which he was paying for. Johnston then allegedly returned home to Fairview around 9 a.m. About a half-hour later, Johnston’s phone was turned o for three hours. It is during that time that investigators believe John- ston disposed of Waller’s body.
Less than a week later, Waller’s sister told authorities that she had received a message from Waller’s Facebook account which read “Had a lovely night, not com- ing home, don’t laugh at me, sorry for letting everyone down.” The sister sent a message back to Waller but never received a response.
Upon investigating the Facebook post, authorities learned that Johnston had reached out to at least three people ask- ing them to log on to Waller’s Facebook account and send fake messages stating that she was all right. He told at least one person that he wanted it done because police had been “hounding” him about his missing girlfriend.
If Johnston is convicted of deliberate homicide he could be punished by life in prison or even death. His trial is expected to start on Oct. 17 and last eight days.
jfranz@ atheadbeacon.com
Branden Conrad Miesmer pleaded guilty on March 25 to deliberate homi- cide in the death of 26-year-old Cody Steve Bruyere. Miesmer then allegedly forced a couple to drive him to Helena, where he stole a car at gunpoint and sparked a three-day manhunt north of Helena.
Last week, Miesmer led a handwrit- ten request to speak with Kutzman about withdrawing his plea. Miesmer did not have a plea agreement.
Miesmer’s attorneys led a motion to vacate the June 3 sentencing hearing, saying one of his public defenders has a scheduling con ict.
WALLER MADE NUMEROUS TRIPS TO VISIT JOHNSTON BUT FAMILY MEMBERS SAID THE RELATIONSHIP WAS UNSTABLE AND THE COUPLE HAD SEPARATED MULTIPLE TIMES.
BRIEFS
Man Faces Drug Charge After I-90 Crash Scatters Marijuana
MISSOULA – A 61-year-old man is charged with possession of dangerous drugs with intent to distribute after o - cers recovered 35 pounds of marijuana from in and around his vehicle after it crashed on an Interstate 90 exit near Frenchtown.
Steven Elmer Spanbauer was arrested May 6 and made an initial court appear- ance, where Justice of the Peace Karen Orzech set his bail at $25,000.
Court records say Spanbauer told investigators that he was transporting the marijuana for a dealer and was to be
paid $1,400. Court records say he also was transporting some commercial and homemade goods, such as cookies, that contained marijuana.
O cers recovered 70 half-pound packages of marijuana from the vehicle and the site of the rollover crash.
Man Wants to Withdraw Guilty Plea in Great Falls Homicide
GREAT FALLS— A man awaiting sen- tencing for shooting a Great Falls man to death last September is asking Dis- trict Judge John Kutzman if he can get a new attorney, withdraw his guilty plea and get a second opinion on a psychiatric evaluation.
news@ atheadbeacon.com
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MAY 11, 2016 // FLATHEADBEACON.COM
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