Fairview man charged in death of missing Kalispell woman

HELENA (AP) — An eastern Montana man is charged with killing his Kalispell girlfriend in February 2013 and hiding her body.

Cody Wayne Johnston of Fairview was charged Tuesday with deliberate homicide and tampering with evidence in the suspected death of Nicole Waller, 31. 

Her body has not been found, she has made no contact with family, including her three children, and there has been no activity on her bank account, court records said.

Investigators learned that Johnston and Waller had argued, that he lied about his whereabouts on the morning she went missing, that an acquaintance helped him move her vehicle and that he asked several people to put a post on her Facebook page indicating she was fine, but was not coming home, charging documents said.

Johnston, 36, was arrested Monday in Sidney on a warrant that set his bail at $250,000. He appeared in court Tuesday before Richland County Justice of the Peace Greg Mohr. He did not enter a plea. His District Court arraignment was set for Sept. 9. Justice Court officials didn’t know if he had an attorney.

Charging documents said Waller had contacted several people early on Feb. 14, 2013, to say she had argued with Johnston and was returning to Kalispell, court records said. They reported her missing when she didn’t arrive.

Officers found her sport utility vehicle abandoned near Poplar, but they saw no sign of her.

Investigators interviewed Johnston, who said he knew Waller from high school and that she had been living with him in Fairview for less than a month. He said she was abusing prescription medication and left after they argued over him wanting her to go to treatment, court records said. Johnston said he last saw Waller on Feb. 13, had stayed at his work that night and didn’t return home until noon on Feb. 14. He last spoke with her on the phone at 7 a.m., he said.

However, phone records indicated Johnston called Waller five times between 7:13 a.m. and 7:22 a.m. and made a phone call from his home at 7:26 a.m. Co-workers and supervisors told investigators that Johnson’s pickup was parked in his driveway with the engine running at 7:30 a.m. and that he took the day off work.

Another witness told investigators that Johnston asked him to help move Waller’s vehicle as a practical joke and that they left it near Poplar about 10 a.m., court records said.

Johnston’s exact location between 9:31 a.m. and 12:29 p.m. is unknown because his cellphone was turned off. 

“Investigators believe that this is the time frame when Johnston disposed of Nicole’s body,” court records said.

Witnesses said Johnston had been looking for a barrel, but he declined one when he learned it didn’t have a lid.

Johnston’s other girlfriend told investigators she had given him an ultimatum to end his relationship with Waller in order to continue his relationship with her. She said Johnston texted her several times on Feb. 14 to say Waller had left and was gone for good, court records said.