Woman accused in Dystynee Avery case apologizes, sentenced to probation

Published: May. 3, 2021 at 12:02 PM CDT
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MOORHEAD, Minn. (Valley News Live) - One of the three suspects accused in helping cover up the April 2020 murder of 19-year-old Dystynee Avery will not spend another day in jail.

27-year-old Andrea Payne pleaded guilty earlier this year to one felony count of aiding an offender in second-degree murder. On Monday, a Clay County Judge sentenced her to 378 days in jail, with credit for the 378 days she’s already served, a $1,000 fine and up to five years of supervised probation.

“My sister told me on many occasions that I didn’t need to worry about her or her safety because you wouldn’t let anything bad happen to her. You let more than bad happen to her,” Chloey Avery, Dystynee’s sister said.

“I will never be able to see or hear Dystynee’s face or voice again because of you,” Dystynee’s mom, Doreen said as she addressed Payne.

“You knew she was dead and yet you continued to allow us to believe she was missing. You could have saved us a so much hurt and so much pain,” Chloey continued. “You sat on a couch and listened as a monster took my sister’s life.”

“I trusted you, had faith in you and wholeheartedly believed in you, just to find out you were involved the whole time,” Doreen cried.

“I’m sorry. If I could go back to that day, I wish I could change it. I feel horrible. I do take full responsibility for it,” Payne later said.

Dystynee’s family says they don’t believe Payne’s apology, but hope she takes her second-chance at life seriously.

34-year-old Brandon Erbstoesster and 22-year-old David Erno are also charged for helping cover up Avery’s murder. Both men are set to be sentenced and/or plead guilty later in May.

27-year-old Ethan Broad is charged with second-degree murder for killing Avery, cutting up her body and throwing it in the trash. He will also be seen in court later this month.

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