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Murder suspects in court

by Melissa Weaver
| April 23, 2010 2:00 AM

While sharing marijuana with two men, Wesley Collins was struck in the head with a hammer.

Another strike. Then another.

The blows continued until Collins was dead.

The drug many think of as peaceful is now linked to a gruesome murder, and two Kalispell men stand accused.

Robert Allen Lake, 21, and Jeffrey Allen Nixon, 19, have each been dealt felony charges of deliberate homicide, robbery and tampering with physical evidence for allegedly killing Collins, 49, stealing his money and medical marijuana plants, then trying to cover up the crime.

Cody Naldrett, 27, also of Kalispell, allegedly helped Lake and Nixon remove Collins’ body from the residence and drag it into the woods. He faces felony charges of criminal possession of dangerous drugs and tampering with or fabricating physical evidence.

“Yeah, but that’s not right,” Naldrett said during his initial appearance when Justice of the Peace Mark Sullivan asked if he understood the charges against him. He was been in custody since Tuesday.

Sullivan advised Naldrett of his right to remain silent.

Lake and Nixon also made initial appearances in Justice Court Thursday afternoon. They have been in custody since Sunday afternoon.

While in court, Sullivan cautioned Lake and Nixon that the prosecution could seek the death penalty.

According to Flathead County Attorney Ed Corrigan, deliberate homicide is the highest murder charge in Montana.

Collins’ body was discovered April 17 by Kalispell Police in a remote wooded area southwest of Kalispell.

According to court documents, on April 17 a neighbor reported seeing Lake and another man taking marijuana plants from Collins’ Kalispell apartment. As officers investigated the scene, they saw Lake jump from an apartment window and attempt to flee. He was taken in for questioning and claimed he had purchased the plants and denied being in Collins’ apartment illegally.

But upon searching Lake’s apartment for the marijuana plants, officers discovered a number of personal items, such as keys and prescription medications, belonging to Collins.

When confronted, Lake eventually disclosed that Collins had been killed five days before. According to Lake, he and Nixon had discussed killing Collins and stealing his marijuana and money.

“The motive is robbery,” said Kalispell Police Chief Roger Nasset, “and the primary motive was stealing medical marijuana.”

“In the suspect’s eyes, they were stealing marijuana,” said Nasset, who said it was “most appropriate to call it medical marijuana because they knew the provider [Robert Cates] supplied the patient [Collins] that day.”

That day, April 12, Lake and Nixon apparently went to Collins’ apartment, where the three of them smoked marijuana.

“While in the process of sharing the marijuana, Nixon struck Mr. Collins in the head a number of times with two hammers. Lake admitted striking Mr. Collins with one of the hammers also, but claimed to have done so only because he felt threatened by Nixon,” Flathead County Attorney Ed Corrigan wrote in charging documents.

Nixon would not admit to participating in the assault. An individual acquainted with Nixon, however, allegedly told police that Nixon had been planning to kill Collins during the week prior to the homicide.

According to court documents, Lake stated he and Nixon borrowed a truck and, with Naldrett’s help, disposed of Collins’ body west of Kalispell.

Lake and Nixon allegedly used part of the stolen money to purchase cleaning supplies and attempted to clean the apartment’s carpet and walls.

Corrigan said the concept of premeditation no longer applies, and that he looks at whether an act was purposefully or knowingly committed when determining appropriate charges.

Nasset said Kalispell Police do expect to make more arrests in the case, but would not specify a number. As of press time, no other arrests had been made.

Nasset wouldn’t divulge if those suspects were possibly members of a gang that revolves around the rap metal duo called Insane Clown Posse.

Nasset said Lake and Nixon are believed to be associated with the gang and that Naldrett “runs with the same crowd.”

He also confirmed that “it is known that the group carries hammers or hatchets,” calling the weapons “a sign of that group.”

During the several days between the homicide and when Collins’ body was found, Collins’ apartment was burglarized, “the full gamut, from drugs to tools,” Nasset said.

And Naldrett was initially taken into custody because he possessed some of the marijuana plants that came from Collins’ residence.

According to court documents, upon gaining permission from Naldrett to search Naldrett’s residence, officers located cough syrup with Codeine and 14 Clonazepam, neither of which was prescribed to Naldrett.

Collins “did have a prescription for such drugs,” court documents noted.

These charges are Naldrett’s and Nixon’s first felonies.

Lake, however, was arrested early last November for allegedly stealing a cell phone from a nurse at Kalispell Regional Medical Center, and was subsequently charged with robbing an Evergreen casino, using a can of pepper spray on an employee and four patrons.

The Flathead County Attorney’s Office said Lake eventually was released on “informal house arrest” and is scheduled to go on trial June 7 for the casino robbery.

Sullivan followed the bond amount initially set by District Court Judge Stewart Stadler and kept bond at $500,000, plus appearance before a judge for both Lake and Nixon.

Nixon, who has been a full-time student at Flathead Valley Community College, appeared at 2 p.m. Thursday, and calmly answered questions with “yes sir.” His only charge on record is a misdemeanor theft.

Naldrett was charged with two counts of misdemeanor theft back in 2005, and pleaded guilty to them during his initial appearance. He was sentenced to a $185 fine and six months in jail for each count. Both jail terms are suspended on conditional violations and will run concurrent to each other.

His bond remains at $50,000.

If convicted the maximum on all counts, Lake and Nixon could face the death penalty or life in prison and a $100,000 fine.

Naldrett could face 15 years in prison and a $100,000 fine if convicted of the maximum on all counts.

All three will next appear in Flathead County District Court to be arraigned on May 6 at 9 a.m.