WENDOVER — Toni Fratto participated in beating fellow West Wendover High student Mickey Costanzo with a shovel and slashed her throat, causing her death, according to new charges filed in Nevada.
Fratto, 19, was with her reported fiance Kody Cree Patten, 18, and Micaela "Mickey" Costanzo, 16, when Patten took Micaela in his car after school on March 3 and drove her to an area in the desert about five miles outside of West Wendover, court documents state.
Patten was arrested and charged with murder about a week later. In court documents, prosecutors say Patten beat Micaela with a shovel and buried her body in a shallow grave.
According to newly released court documents, Fratto also participated in that beating. Fratto, a high school senior, told police she was sitting in Patten's vehicle after Patten and Micaela had gotten out and she "heard a thud or a thump."
She got out of the vehicle to find Micaela on the ground and unconscious, the charges state.
"At that point, for reasons she did not, in so far as I could discern, clearly articulate — that is why she and Kody Cree Patten commenced inflicting injury upon Micaela," an officer wrote in the charges.
Fratto struck and/or kicked Micaela while she was on the ground, hit her in the back with a shovel and then slashed her throat, the charges state.
She then drove to Tooele County and tried to burn several items of evidence, including a knife, and several items that belonged to Micaela such as a messenger-type school bag, a black T-shirt, a spiral-bound notebook, keys and a charm with the word "Buds" on them, court records state.
Fratto "directly or indirectly counseled, encouraged, hired, commanded, induced or otherwise procured the said Kody Cree Patten to commit said murder," the charges state.
By striking Micaela with a shovel, it encouraged Patten's "escalation of the level of violence" against her, the charges state, "to the point where Kody Cree Patten used a shovel ... to inflict lethal blows to the head and/or neck of Micaela Costanzo, thus killing and murdering her."
Micaela's mother, Celia Costanzo, was shocked Tuesday to hear the details about Fratto's alleged involvement. When she learned of the new charges, she was in the middle of designing her daughter's headstone, which will reflect the teen's fun-loving spirit.
"She would want us to remember her with smiles and that's what we're trying to do," said Costanzo, choking back tears. "It's just a tough time for us right now and we're trying to stay as positive and focused on her, her memory, her life."
Fratto was charged in Elko Justice Court late Monday with open murder including first-degree murder; acting as a principal to open murder, a felony; using a weapon to commit open murder, a felony; willfully destroying evidence of felony crime, a gross misdemeanor or in the alternative; attempted willful destruction of evidence in a felony crime, a gross misdemeanor.
The charges against Fratto followed a surprise announcement in 4th Judicial Court Tuesday in Elko on May 3 when Patten's attorneys announced they had a taped recording of Fratto with a confession.
Patten's attorney, John Ohlson, said Fratto's involvement came to light when she said she wanted to talk and told him about her involvement in Micaela's slaying. Ohlson said he doesn't know what prompted her to come forward, but noted that she was "stone cold as ice."
Fratto appeared in an Elko courtroom Tuesday, showing no emotion. But her attorney said his client is now saying she wasn't involved in Micaela's death. He also said there are legal issues surrounding her confession.
"She, of course, is denying any involvement," attorney Dave Lockie said. "She's a high school senior. Obviously this is an incredible shock both to her as well as to her family."
Fratto continued going to West Wendover High School after the death and after Patten was arrested. Other schoolmates said she was quiet, many believing she was affected by Patten's arrest.
Contributing: Sandra Yi
Email: preavy@desnews.com
Twitter: DNewsCrimeTeam