Update: Governor again reverses decision to parole Dystiny Myers’ killer
Update posted Sept. 16, 2023:
– On Thursday, Sept. 14, California Governor Gavin Newsom granted District Attorney Dan Dow’s request for him to reverse the parole of Jason Greenwell, convicted of second-degree murder for the killing of 15-year-old Dystiny Myers in 2010. Greenwell was one of five defendants who were convicted for this crime. In his written decision, Governor Newsom stated, “[w]hen considered as a whole, I find the evidence shows that [Mr. Greenwell] currently poses an unreasonable danger to society if released from prison at this time.” To date, Greenwell has only served (nearly) 13 years, rather than the minimum 15-year sentence he would have served under the law that existed at the time of his conviction.
This was the second time the parole board has granted release to Greenwell and the second time Governor Newsom has reversed their decision. On July 27, 2023, District Attorney Dan Dow wrote a letter to Governor Newsom urging him to use his authority to once again reverse the Board of Parole Hearings’ decision to allow Greenwell to be released on parole.
The San Luis Obispo County District Attorney’s Office routinely assigns a Deputy District Attorney to appear at scheduled parole hearings to represent the interests of victims and the People of the State of California. District Attorney Dow is committed to ensuring that the impact of the crime on the victims/survivors is not forgotten and is properly considered at every stage of the criminal proceeding, including post-sentencing matters such as parole hearings.
Update posted March 31, 2022:
Jason Adam Greenwell, along with four others, murdered a teen girl in Nipomo, dumped her body near Santa Margarita lake
– Governor Gavin Newsom has decided to reverse the Board of Parole Hearings’ Nov.18, 2021, decision to grant Jason Adam Greenwell parole. Greenwell was convicted in 2013 based on his plea to second-degree murder for his participation, along with four other individuals, in the murder of 15-year-old Dystiny Myers in Nipomo. District Attorney Dan Dow said that he is pleased with the governor’s decision.
While the motive remains unclear as to why Greenwell and his four accomplices decided to murder Myers, it was apparent they were all heavily involved in the use of methamphetamine, according to the DA. Myers was beaten, taped to a chair, then removed, placed in a bag, thrown in the back of a truck, taken to a remote area near Santa Margarita Lake, dumped into a shallow grave, and set on fire. Her partially burned remains were discovered by a CalFire employee investigating a reported grass fire.
“I am grateful for Governor Newsom’s decision to reverse the Board of Parole Hearings’ decision,” said Dow. “We agree with the Governor’s conclusion that Greenwell currently poses an unreasonable danger to society if released from prison at this time.”
In Newsom’s written decision, he explained in part:
I have carefully examined the record for evidence that Mr. Greenwell’s insight and self-awareness have developed sufficiently to minimize his risk factors. Unfortunately, I find that Mr. Greenwell’s discussion of the causative factors for his involvement in the crime indicate gaps in insight that bear on his current risk level.
Mr. Greenwell and his crime partners brutally killed a vulnerable teenaged girl. More than a decade after the crime, however, Mr. Greenwell describes his role in the murder as if he stumbled upon the crime and aimlessly joined in. He admitted to the parole board in 2021 that he left the scene of the crime briefly but chose to return: “I let go, I got up and, uh, stepped back…. And, and as soon as he began hitting her with the bat, I took off…I just, I took off out of the room. And, um, for whatever reason, I went back in the room, I, I don’t know why, but I went back into the room…”.
To view the Governor’s written decision, click here.
Update posted Dec. 23, 2021:
Update: DA urges governor to reverse parole decision for convicted murderer
– On Nov. 18, a two-person panel of the California Department of Corrections and Rehabilitation Parole Board granted parole to 32-year-old Jason Adam Greenwell. Greenwell was one of five defendants convicted in Sept. 2010 for the murder of 15-year-old Dystiny Myers in Nipomo.
A representative of the San Luis Obispo County District Attorney’s Office along with members of Myers’ family attended the parole hearing by video and strongly objected to his parole based on the vicious nature of the crime and continued danger to the community should he be released.
“When the voter’s approved of Proposition 57, they did not expect that it would allow a child murderer to be released early from prison,” said District Attorney Dan Dow. “We will continue advocating for Dystiny’s family and the safety of our community by urging the Governor to reverse this reckless decision. Allowing a child murderer to be paroled before serving his full and just sentence is the wrong message to send to Californians.”
Greenwell and his crime partners bound and beat young Myers, then buried her in a shallow grave near Santa Margarita Lake. Before they fled, they set her body on fire. Her bound and burned body was later discovered in the grave.
In 2013, Greenwell pleaded guilty to second-degree murder and was sentenced to 15 years to life in state prison. At the time of his sentence individuals convicted of murder were not eligible to receive “good time” credits toward their sentence, but rather were required to serve the full 15 years before a hearing to determine parole suitability. Not only was Greenwell allowed a suitability hearing after only 11 years, but he was also granted parole by the Board of Parole Hearings.
In 2016, Proposition 57 was passed which provides individuals convicted of violent crimes, such as murder, to receive up to a 1/3, or 33-percent, reduction in their sentence. As a result, Greenwell was granted parole after serving only 11 years for his part in the murder even though this was Greenwell’s first parole hearing since his conviction.
Three of the murderers, Ty Michael Hill, Frank Jacob York, and Rhonda Wisto, are serving sentences of life without the possibility of parole. A fourth, Cody Miller, took his own life while in prison in June 2016.
A copy of the letter sent to the governor can be found here.
Update posted Nov. 20, 2021:
Jason Greenwell was one of five defendants convicted in the September 2010 murder of 15-year-old Dystiny Myers in Nipomo
– Yesterday a two-person panel of the California Department of Corrections and Rehabilitation Parole Board granted parole to Jason Adam Greenwell, 32, one of five defendants convicted in the September 2010 murder of 15-year-old Dystiny Myers in Nipomo.
Greenwell and his crime partners bound and beat young Myers, then buried her in a shallow grave near Santa Margarita Lake. Before they fled, they set a fire. Dystiny’s bound and partially burned body was later discovered in the grave.
This was Greenwell’s first parole hearing since his conviction. Greenwell, 20 at the time of the crime, has been disciplinary free while in prison.
Members of Dystiny’s family attended the parole hearing by video and strongly objected to his parole. A representative of the San Luis Obispo County District Attorney’s Office attended the hearing and voiced a forceful objection to the release of Greenwell based on the vicious nature of the crime and continued danger to the community should he be released.
“I strongly disagree with the Parole Board’s decision to release Mr. Greenwell into our community after serving only 11 years for such a shocking crime” said San Luis Obispo County District Attorney Dan Dow. “My office will aggressively seek review and repeal of the Parole Board’s decision in this case.”
In 2013 Greenwell pleaded guilty to second degree murder and was sentenced to 15 years to life in state prison. At the time of his sentence individuals convicted of murder received no “good time” credits. Meaning, Greenwell was required to serve everyday of 15 years prior to even being considered for parole. In 2016 Proposition 57 was passed which provides individuals convicted of violent crimes, such a murder, up to a 1/3 or 33-percent reduction in their sentence. As a result Greenwell was granted paroled after serving only 11 years for his part in the murder.
Three of the murderers, Ty Michael Hill, Frank Jacob York, and Rhonda Wisto, are serving sentences of life without the possibility of parole. A fourth, Cody Miller, took his own life while in prison in June 2016.
The DA will seek a review and reversal of the Parole Board’s decision directly to Governor Gavin Newsom.
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