Messick's ex-boyfriend testifies in Nickels trial

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EPHRATA - A man Marita Messick dated testified he received a call from David Nickels telling him to stay away from the woman.

The first-degree murder trial of David Nickels, 31, Helena, Mont., entered its fourth week Monday. Nickels is accused of shooting Sage Munro outside of his Ephrata home in December 2009.

Deputy prosecutors Ed Owens and Tyson Hill brought Zeb Barber, Messick's ex-boyfriend, Grant County sheriff's Chief Deputy Ryan Rectenwald and former Lewis and Clark County Detective Mike Mlekush to the stand.

Defense attorneys Jackie Walsh and Mark Larrañaga continued to question police methods, whether Nickels threatened Barber and brought up Mlekush being fired from his position at the Lewis and Clark County Sheriff's Office.

Before Barber's testimony, Nickels' attorneys argued Messick's former boyfriend shouldn't be allowed to testify. Walsh said a pretrial motion prohibited any testimony about evidence from before 2008. Barber dated Messick in 2007.

"The second part of this is that Mr. Barber will be expected to testify he never met David Nickels," Walsh said. "Mr. Barber indicated he was never threatened by Mr. Nickels. That he had received a call stating that Mr. Nickels was also dating Ms. Messick, but the context didn't have anything to do with, 'Don't date her.'"

Walsh continued, saying prosecutors believe the call was consistent with a call made to Munro, but prosecutors doesn't have any evidence.

"There is no testimony that the state can, or intends to, offer that Sage Munro received a call to tell him to stop dating Ms. Messick," she said.

Hill argued Barber was the only semi-serious boyfriend Messick had before she started dating Munro in 2009. In the period they were dating, Barber received a call from Nickels.

"That evidence correlates to the later testimony that will be given by Ms. Messick regarding Mr. Nickels showing a picture of Mr. Barber's home and making threats against Mr. Barber."

Nickels reportedly told Messick he was going to burn the home with Barber's family inside when Barber didn't break off the relationship with Messick, Hill said in opening statements.

Grant County Superior Court Judge Evan Sperline ruled in favor of the prosecution, saying the purpose of testimony seemed to point at the prosecution's theory of Nickels' motive.

"This is a case where much has been made of both parties view of motive, and this case, the state's theory appears to be that Mr. Nickels was obsessed with Ms. Messick, and had a long standing relationship with Ms. Messick," he said. "It would be material and relevant for that purpose."

Barber dated Messick between 2006 and 2008, while Messick was living in Helena, he testified. Neither he nor his parents lived in Helena during the time, saying he moved around a lot, and his parents lived in Shelby, Mont., about 170 miles away from Helena.

He met Messick through friends when he was snowboarding in Big Sky, Mont., Barber testified. He started dating Messick shortly after meeting her. While they were dating Nickels called Barber.

Barber couldn't remember if Nickels gave his name during their conversation, but the nature of the conversation led him to believe it was the defendant, Barber testified. He knew of Nickels through photographs Messick had.

"(He said,) 'I should leave Marita alone,'" Barber testified. "That he was still with her ... They were at a hotel and having relations."

Barber couldn't remember if Nickels made a threat during the call, but he did feel threatened by the phone call because of the nature of it.

Prosecutors had Mlekush testify about taking a DNA sample from Nickels. The sample was reportedly later linked to a pair of handcuffs found on Munro's lawn.

Walsh questioned whether Barber suspected the relationship between Nickels and Messick was consensual.

Barber testified it was possible.

"You thought that was a possibility based on the notes that you had found in Marita's property, is that right?" Walsh asked.

Barber agreed, and testified he told Washington State Patrol Detective Dan Dale that Nickels didn't threaten him.

Walsh also finished her cross examination of Moses Lake Detective Juan Rodriguez.

Rodriguez testified he didn't find any weapons inside of Munro's truck, and he found it important to determine whether Munro was missing a handgun.

"You found it important because you had learned that he carried handguns in his truck?" Walsh asked, but Rodriguez didn't need to answer after Owens raised an objection.

Walsh asked if Rodriguez became concerned that Munro might be missing a handgun.

"If it changed how I felt, I don't recall," Rodriguez said.

Defense attorneys have previously argued Munro is missing a handgun from his collection.