Two Moorhead murder suspects facing additional criminal charge

MOORHEAD, M.N. (KVLY) Two suspects in the grisly murder of Dystynee Avery were each given a new criminal charge Thursday.

22-year-old David Erno and 26-year-old Andrea Payne were already formally charged with felony aiding an offender in second degree murder, and court records filed Thursday show each has been charged with an additional count.

27-year-old Ethan Broad is already charged with second degree murder for the death of Avery after he allegedly admitted to killing Avery, dismembering her body and throwing it in the trash. After a two-day search at the Clay County Landfill, investigators recovered Avery's remains in late April.

Court documents filed last month say Payne later admitted to police she had been in the apartment when Avery was killed. Payne says she came home from work, as she was also living with Broad at the time, and said Broad and Avery were in the back bedroom. Payne says Broad later came out and said that Avery might claim he raped her.

Payne later heard Broad and Avery fighting, but said she did not get up from the couch to see what was going on. Payne says she then heard loud thumps or strikes, and Broad soon came out and told her he hit Avery over the head with a lead pipe and had 'cracked her skull open.'

Payne said she did not do anything to check on the victim, and soon left. When she returned several hours later, David Erno was with her. Payne says she noticed blood on Broad's face, and says while she was making a sandwich Broad admitted to killing Avery.

Payne did not report Avery's death, and continued to live in the apartment with Broad. Court documents say Payne also lied and gave misleading information to police when asked about Avery's whereabouts.

In Erno's interview with police, court documents say he told police Broad had also admitted to him that he had killed Avery and that he had put Avery's body in a tote in his garage.

Documents say Broad and Payne told Erno to get the victim's computer and destroy it. Erno stated he wiped the computer of any trace of the victim. Documents say a google search on Erno's phone backs up his statement, showing a search for 'how to wipe a computer clean.'

Documents say Erno also did not report the death of Dystynee Avery and obstructed officers' investigation, as well as tampered with evidence.

If convicted, both Payne and Erno could now spend up to 40 years in prison.