Messick testifies in Nickels trial

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EPHRATA - The woman at the center of the case against David Nickels testified about her relationship with the man.

Marita Messick testified Tuesday about her two-year relationship with Nickels, which started at a party in Montana when she was 15 and Nickels was 23. She testified it ended when she started dating Sage Munro. Prosecutors claim the relationship's end led to Nickels, 31, Helena, Mont., shooting Munro outside of the Ephrata resident's home.

Defense attorney Jackie Walsh questioned Messick's previous statements to police, asking about differences between what she said in interviews with investigators and her testimony.

Nickels is charged with first-degree murder in Grant County Superior Court.

Messick testified she met Nickels a few months after moving to Helena, she told Nickels she was 16, and didn't realize he was 23 at the time. They began dating after she turned 16.

Deputy Prosecutor Tyson Hill questioned what happened if Messick didn't reply to Nickels' text messages or phone calls.

"He would call my house and my mom's phone over and over until I eventually called him back," Messick said. "He did (come to her house) a couple times ... I think he only came to my door once. Then he would just come to my window."

They initially stopped dating when Messick was 17. When the relationship initially ended, Nickels was upset, constantly called and showed up at her work, she testified. After they broke up, they continued to talk.

"Sometimes during that you would call him or you would text him, isn't that correct?" Hill asked.

Messick said it was.

The sexual relationship between Nickels and Messick stopped for a while when they stopped dating, but it did resume.

After Nickels and Messick stopped dating, Messick started dating Zeb Barber, Messick testified.

Barber previously testified to receiving a call from Nickels telling him to stop dating Messick because they were still in a relationship.

Nickels learned of the relationship after searching Messick's phone a couple months after she started dating Barber, she testified. She said Nickels was really mad about the relationship.

"When he found out, he told me if I kept dating him, or being with him, that he ... I will burn down (his house) with him and his family in it," Messick said.

When he made the threat, Messick said Nickels showed her a photo of Barber's home, which was three hours away.

After she ended the relationship with Barber, Nickels continued to call and send her text messages, Messick testified. When she didn't reply, Nickels called her phone repeatedly until she replied.

"Then if I still didn't (reply), he would call my family and my mom and my house," she said. "(If I stopped contact,) he said that he would hurt the people I love, and ruin my life."

When she learned she was pregnant, Messick moved to Boise, Idaho. Messick testified her contact with Nickels was limited during the period until she moved back to Helena with her son. The sexual relationship also resumed.

Messick testified the relationship with Nickels changed after she moved to Ephrata in 2009, saying she became reacquainted with Munro, a friend of the family. Messick used to play with Munro's nephews and nieces when she was a child.

While she was dating Munro, Messick testified she kept speaking with Nickels. He called and sent text messages all the time, and she called and sent text messages as well. The physical relationship ended, but Nickels continued to pursue it.

Nickels learned about the relationship when Messick was visiting her brother in Helena, she said. Nickels came into the house at about midnight while she was on the phone with Munro.

"He came into my room and took the phone ... I didn't know he was in my house until he walked into my room," she said. "He walked in and he asked who I was talking to. I asked, 'What are you doing in my house?' and then he grabbed the phone, looked at it, walked out of the house, and I chased him and he started calling Sage."

When Nickels grabbed the phone, he hung up on Munro, and saw the photo Messick used to identify Munro on her phone, she said.

After Messick followed Nickels, he got into his car and drove down the road. When she caught up with him, Nickels was on the phone with Munro.

"He wouldn't give me the phone to talk to him," she said. "I don't know what he said, but he hung up, threw the phone at me and left."

Messick testified Nickels traveled to Washington three times while she was dating Munro. One meeting she took Nickels back to Ephrata.

While her relationship with Munro continued, Messick testified to receiving a call from Nickels which startled her. The two were talking and Nickels asked where she had been.

"I told him nothing," she said. "I had actually been at Sage's house, but he told me, 'No you weren't. You were sitting there by Sage on the bar stools. He explained the night to me, and then he back stepped, because I said, 'How do you know that? How do you know where I was sitting? Where were you?' He was like, 'Oh I'm just kidding. I just wanted to see if you would tell me the truth.'"

She also met Nickels in Ritzville in the fall. She drove Munro's Jeep to the meeting. When Nickels got into the Jeep, he asked who it belonged to. When she told him a friend, he searched the glove compartment until he found the registration. When he learned it was Munro's vehicle, Messick testified Nickels became angry.

When Messick tried to end Nickels' advances, he urged her to meet him one more time, she testified. When she and her son met him, he brought her to a Best Western Hotel, and took her shopping at a mall, spending about $1,000 on presents for her.

"I asked him, 'Why are you getting me presents? You know if you buy me this, I'm going to be wearing it with Sage,'" Messick said. "He said, 'I just want to.'"

When Nickels brought her to the hotel room, she saw two large stacks of $100 bills, she said.

"He said, 'Look at what you could have with me. Let's just go to Vegas; we'll have fun,'" Messick said. "I said, 'No, I don't want your money. I would rather be with Sage with nothing than have all your money and go anywhere."

Messick testified Nickels didn't get angry about the rejection, and she left with Nickels. They drove to Moses Lake, where Messick rented Nickels a motel room. The next day the two went to Wenatchee where she rented him another room.

Messick traveled to Helena later in December. When she was in the city, she testified to meeting Nickels twice. At one of the meetings, Nickels attempted to kiss her, and Messick turned him down. When she returned to Washington without saying goodbye, he became angry.

Prosecutors allege Nickels posted an advertisement on Craigslist the same day asking to purchase a .22 caliber pistol.

She returned to Ephrata and stayed with him until the day before he was murdered, Messick said. When she spoke about hearing of Munro's murder, Messick began crying.

After learning of the murder, Messick called Nickels. Cellphone records showed Nickels was in Spokane when he received the call.

"I called (Nickels) and he answered, and I said, 'Where are you?' and he said, 'Why?' I said, 'Tell me where you are?' He said, 'I'm in Great Falls.'"

Walsh questioned Messick about her telling the defense investigators Nickels wasn't the father of her child.

"You previously told the defense that Mr. Nickels was not on the birth certificate, right?" Walsh asked. "And you previously told the defense in Feb. 15, 2012, ... that you didn't know who the father of (your child) was, right?"

Messick answered she didn't want to admit it.

Walsh asked whether Munro was also older than Messick when she began dating him.

She answered he was.

Walsh questioned whether Messick kept in contact with Nickels through 2009 and 2010. Showing her a bill from her mother's cellphone account, Walsh questioned Messick about the amount of times she spoke to Nickels on the days preceding Munro's murder.

"On Dec. 4, 2009, did you call Mr. Nickels?" Walsh asked. "You called him several times on Dec. 4, 2009? ... Did you call him on Dec. 6, 2009? ... Did you call him on Dec. 7, 2009? ... What about Dec. 14, 2009, did you call Mr. Nickels?"

Messick initially said she called Nickels on the dates Walsh listed, and later pointed out some of the listings said they were incoming, so she wasn't sure whether she called Nickels or Nickels called her.

Walsh returned to the question of Messick's call later, asking if Messick continued to call Nickels in 2009 and 2010.

Messick replied she did.

"So you admit that you called Mr. Nickels at least 100 times between January and June 2010, right?" Walsh asked. When Messick replied, Walsh continued, 'Do you remember telling the defense on Feb. 16, 2012 that you called Mr. Nickels in the year 2010 at least 100 times?"

Messick replied she didn't remember.

Walsh asked whether Messick told detectives whether she was continuing to speak with Nickels after Munro's murder.

Messick said she didn't.

Walsh also questioned Messick about her second phone, which Messick claimed Nickels purchased for her.

"When you spoke to the police on Jan. 4, 2010, you admitted to the police that you had previously lied to them on Dec. 29, 2009, is that right?" she asked.

Messick said she left out some information.

"When you continued to talk with Mr. Nickels in December 2009, you didn't let Mr. Munro know that you had continued to contact Mr. Nickels, right?" Walsh asked.

Messick said Munro did know, he just didn't know how many times.

Walsh also questioned Messick about the phone Nickels purchased her, asking if Nickels threatened her to get her to take the phone.

Messick said he didn't.

Walsh also pressed Messick about her earlier statements about the relationship with Nickels.

"You previously told police ... that you never really ended your relationship with Mr. Nickels, correct?" Walsh asked.

"That's what it says," Messick said.

"And that's true right? .... That you never really ended your relationship with Mr. Nickels?" Walsh asked.

Messick testified she tried to.

When Walsh repeated the question about whether Messick really ended the relationship with Nickels, Messick said Walsh was correct.

Walsh also questioned Messick about her December trip to Montana, asking whether Nickels called him to pick him up from the restaurant.

Messick replied she couldn't remember whether she told detectives Nickels wanted her to pick him up.

"Did you not tell detectives, 'I think he wanted me to pick him up from Perkins?'" Walsh asked.

Messick replied the transcript was unclear.

Messick testified she went to the restaurant to see Nickels and Samantha Costigan, and she drove Nickels to Costigan's house. Messick also testified she met with Nickels a couple times before leaving Montana.

"So you went outside of your brother's house and you met up with Mr. Nickels and on the street, is that right?" Walsh asked. "And when you met up with Mr. Nickels, you got into the vehicle he was driving, is that right? ... (You) voluntarily went with him and you two drove up the hill, is that right?"

Messick testified she went with Nickels, but didn't remember where they drove.

Walsh also questioned what Nickels said about Munro.

"You don't ever remember Mr. Nickels saying anything bad about Mr. Munro, correct?" she asked. "(Nickels) never said (Munro) was a bad guy. ... He never said he was an awful person? ... He never threatened to do anything to him because he thought (Munro) was a bad person?... And he never threatened to cause any harm to Mr. Munro because he was dating you, correct? ... He never threatened to kill Mr. Munro because Mr. Munro was dating you, is that correct?"

Messick testified Nickels never said Munro was a bad person and Nickels never made threats.

Walsh also questioned Messick about her testimony about Barber. She asked whether Messick ever contacted police or told Barber about the threat.

Messick testified she didn't.

Walsh also questioned Messick about a conversation she had with Nickels the day before the murder.

"There was nothing unusual about that conversation, correct?" Walsh asked.

When Messick said Nickels was angry, Walsh referred Messick to a transcript of an interview Messick had with Moses Lake police Detective Juan Rodriguez.

"Didn't you tell Detective Rodriguez that on Dec. 28, 2009, Mr. Nickels wasn't mad, he was in a good mood?" Walsh asked.

Messick testified she didn't remember what she told Rodriguez.

Messick also testified Nickels never asked what Munro did for a living, and she's never seen Nickels near Munro's home.

When Walsh questioned whether Nickels ever confessed to the murder to Messick, she answered he hadn't.