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Bond reduction denied for suspect in murder case

by Megan Strickland
| September 2, 2016 5:45 AM

Bail will not be reduced for the man who led authorities to the body of a murder victim earlier this year.

David Toman’s bid for release from jail was denied Thursday by Flathead District Judge Robert Allison.

Allison said while Toman, 21, of Kalispell helped authorities find the stashed body of Wayne Allen Rautio on June 13, that would likely be factored in as a homicide case against Toman and three others progresses.

However, the judge said Toman’s admission was not enough to convince Allison to lower Toman’s $100,000 bail.

“I don’t feel I can grant the motion,” Allison said, adding that he might reconsider releasing Toman if prosecutors and defense attorneys could agree on a release agreement.

Toman’s release was opposed by the prosecution.

Toman’s attorney Sean Hinchey had proposed that Toman’s bail be lowered and that he be put on very stringent house arrest conditions that only allowed him to stay at his parents’ home in Bigfork, go to work and attend court dates. Hinchey proposed that Global Positioning System monitoring and a drug patch be used to monitor Toman’s whereabouts and behavior.

“I’m mindful of what we are asking your honor to do, but I think it’s appropriate,” Hinchey said.

He argued that the proposed monitoring mechanisms would keep the community safe and ensure that Toman showed up to court. Toman’s family was present to support him, but did not testify.

“I think it is significant that he — of his own volition — David is the one who came to law enforcement to get this process started,” Hinchey said.

Hinchey pointed out that Rautio’s death might otherwise not have been discovered had Toman not come forward.

According to court documents, more than one witness told Flathead County sheriff’s deputies on June 13 that they saw Robert Matthew Wittal, 29, stab Rautio to death near Echo Lake sometime between May 15 and May 31.

Rautio’s body was found later under a log in Brown Creek east of the Flathead Valley.

Toman, Melisa Ann Crone, 29, and Christopher Michael Hansen, 28, have been charged with accountability to deliberate homicide. Wittal was charged with deliberate homicide.

One witness reported watching Wittal burn his cellphone and clothes in a wood stove at a home in Evergreen.

According to court documents, Hansen told investigators he went with Wittal, Toman and Rautio to an area off Foothill Road. Toman told deputies he drove Wittal, Hansen and Rautio to the Echo Lake area knowing Rautio would be assaulted.

Hansen allegedly admitted punching Rautio. Both Hansen and Toman reportedly prevented Rautio from leaving.

After Wittal lost his knife, Hansen gave Wittal a second knife, which Wittal then used to stab Rautio in the neck, according to charging documents.

The incident was allegedly drug related. On the witness stand Thursday, Toman admitted that drugs had played a big part in his life. He said that he had not had a job since 2014.

“I was addicted to meth,” Toman said.

His parents sent him to drug treatment in Spokane last year, but Toman only completed 10 days of the yearlong program.

Judge Allison pointed out that if Toman had stayed in treatment and avoided drugs, Toman likely would not be in court. Toman said his only prior conviction was for misdemeanor theft.

“Now you are sitting in jail charged with a homicide,” Allison said.

Toman, Wittal and Crone are set to go to trial on Oct. 11.

Reporter Megan Strickland can be reached at 758-4459 or mstrickland@dailyinterlake.com