The Roundup -

Johnston Trial Dates Moved


The trial of a former Fairview man facing murder charges has been moved to the fall in Richland County.

Cody Johnston is facing the charges of deliberate homicide and tampering with physical evidence.

Nicole Waller was 32 at the time she went missing in February 2013. Waller was last known to be in Fairview on Feb. 14, 2013. The next day, her maroon colored 1999 Ford Expedition was found abandoned off Highway 2 between Poplar and Wolf Point. At that time, Waller was reported missing with evidence of foul play. Her body has not yet been found.

During a court hearing held in April, Clark Mathews of the major crimes unit for the office of state public defenders said that he recently received more discovery from the State and anticipates further review of the discovery.

Parties agreed to a September or October trial date. District Judge Greg Pinski scheduled the trial for the weeks of Oct. 17 and Oct.24 in Richland County. Originally the trial was scheduled for May.

On Aug. 24 2015, the Richland County Sheriff’s Office and the Department of Criminal Investigation arrested Johnston at a fueling station in Sidney.

According to court records, Johnston claimed Waller called him on the morning of Feb. 14, 2013, and said she was traveling back to Kalispell. Johnston said he went back home about noon that day, and Waller and her vehicle were gone. Johnston said he felt Waller had made it home until he got a call from Waller’s sister and heard Waller’s vehicle was found near Poplar.

Phone records show Johnston called his supervisor at 7:47 a.m. on Feb. 14, 2013. Johnston told him he was going to take a personal day. Another job supervisor told police he saw Johnston’s pickup at the driveway of Johnston’s residence at 7:30 a.m. Feb. 14. A co-employer said that Johnston called him Feb. 15, 2013, and said he had some things going on but if anyone asks they were working together the previous day.

Court records state that the location of Johnston between the hours of 9:31 a.m. and 12:29 p.m. on Feb. 14, 2013, is unknown due to Johnston turning off his cellphone. Waller’s cellphone was also turned off.

Johnston was released from custody after posting a $250,000. He is currently living in Flathead County but is required to wear a GPS tracking unit.


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