ELKO COUNTY, Nevada (ABC 4 News) – A 19 year old West Wendover woman confesses to second degree murder in the death of her high school classmate. Friday Toni Fratto changed her plea to guilty in order to save herself from the death penalty.
In front of the court Fratto explained how on March 3rd, 2011in Elko County, Nevada, she struck Micaela Costanzo on the back with a shovel and restrained her by sitting on her legs while her then boyfriend 18 year old Kory Patton allegedly slit Costanzo’s throat. Costanzo’s body was found in a shallow grave in the desert near the Utah-Nevada border just days later.
Fratto’s lawyer, John Springgate said, “It’s a righteous plea because she came forward and is accepting responsibility in these events. It also recognizes that she is the lesser culpable.”
The plea deal means Fratto will be testifying against Patton. Patton lawyers were also said to be working on a deal but it never materialized. “Both defendants were independently working on plea negotiations,” said Springgate. “There’s fell through I don’t know why.”
John Ohlson, Patton’s defense attorney, was also in court Friday trying to get the judge to throw out the death penalty arguing the case does not support capital punishment. A ruling on that motion will likely not come for another couple of weeks, but when asked how Fratto’s plea affects his client Ohlson said, “Our understanding is that Toni was the prime mover in this case and not my client. Toni wants to cast my client as the prime person in the case and she needs to do that to get a second degree plea.”
Fratto’s family was in the courtroom for her plea. They say they’re proud of their daughter for coming forward with the truth. “This is a very difficult thing for her to be going through and she couldn’t live with this any longer” said Cassie Fratto, Toni’s mother. “It was the right thing to do and she knew it.”
Sentencing is scheduled for Fratto for April 16th. She faces a minimum of 10 years to life in prison. Patton heads to trial July 31st.
