Three People Accused Of Helping Man Cover Up Alleged Murder Of His Teen Friend, Whose Body Was Found At Landfill

A week after a Minnesota man was arrested for allegedly killing his teenage friend Dystynee Avery, three more people are in custody for allegedly assisting him.

Avery, 19, was last seen in south Moorhead on Apr. 3, the Moorhead Police Department previously stated. Human remains were found at the Clay County Landfill on Apr. 22, which were positively identified as Avery, police stated Monday.

Ethan Broad, 27, whom Avery was staying with, was arrested and charged last week with second-degree murder. He allegedly told police that he killed and dismembered Avery in his garage before bagging her remains and tossing her body parts into dumpsters around his apartment complex, Minnesota's Star Tribune reports. He allegedly claimed he killed the teen in self defense, after initially claiming he didn't kill her at all.

The evening before Avery’s remains were found, Moorhead residents David Erno, 22, and Andrea Payne, 26, were arrested on accessory to murder charges, police stated. Then, on Monday, Brandon Erbstoesser, 33, was arrested in North Dakota. The West Fargo resident was apprehended by the U.S. Marshals Service High Plains Fugitive Task Force and the West Fargo Police Department, according to police. He was charged with two felony counts of second-degree aiding an offender with murder, according to the Duluth News Tribune. He is awaiting extradition to Minnesota.

Andrea Payne, David Erno and Brandon Erbstoesser Photo: Moorhead Police Department

A criminal complaint, obtained by the Duluth News Tribune, alleges that Broad talked to Erbstoesser over the phone the day after Avery’s death. Broad allegedly sought Erbstoesser’s advice. 

“Erbstoesser admitted that he advised Broad he should report the victim as missing, tell her family she ran away, hide or destroy her property and refrain from any electronic communication regarding the incident,” the complaint said.

Erbstoesser allegedly admitted going to Broad’s apartment to help Broad and Payne clear the home of blood.

Payne was also living in the apartment when Avery was killed. She said that after Broad and Avery were alone in a bedroom, Broad came out to tell Payne that the teen may claim he raped her, according to KVLY. Then, Payne allegedly heard fighting and loud noises before Broad came out again and allegedly revealed he hit Avery over the head with a lead pipe and “'cracked her skull open,” according to court documents obtained by KVLY.

Payne allegedly told investigators she didn’t check on the teen. She left instead and came back with Erno. Erno allegedly admitted to knowing about the murder and wiping a computer clean to help cover it up.

Dystynee Avery and Ethan Broad Photo: Facebook; Moorhead Police Department

Payne continued living in the home with Broad.

If convicted, Erbstoesser, Payne and Erno could each be convicted to 20 years in prison. It’s not clear if they have lawyers. Broad is being held on a $1 million bond while Payne and Erno are being held on $500,000.

Both Avery’s mother Doreen Avery and her boyfriend Jordan Yarborough said they received a call from Broad on April 3, claiming that Dystynee ran away.

“Dystynee was kind-hearted and caring for everyone she met. She would always try her best to keep you happy no matter the situation,” Yarborough told Oxygen.com last week. “She would talk with you and spend time with you during your situation. If you need someone to talk to or needed something she would do her best to get it.”

He added that she was a “wonderful person” who just enjoyed making others happy.

“If you needed someone, she would be there in a heartbeat. Just everything she did and said always kept me happy,” he said.

He told the Daily Beast that he looked at Payne and Broad as if they were her own family.

Doreen told KVLY that her daughter had stayed with Broad in the past. She said she thought he was a good friend to her.