Overview of Five Miles From Home Ep. 5: “Let’s Make a Deal”
This episode of the Dateline podcast focuses on the legal maneuvering after the murder of Mickey Costanzo in West Wendover, Nevada. With both suspects—Cody Patton and Tony Fratto—facing severe punishment, prosecutors use plea deals to force each to accuse the other, revealing two competing versions of the killing and raising the central question of motive: was this Cody’s crime, Tony’s crime, or both?
Key Developments
The cellphone records and timeline
Investigators revisit the day Mickey vanished by analyzing more than 100 calls and texts between Cody and Tony.
- Cody and Tony were in nearly constant contact throughout the day.
- Cody’s phone activity drops sharply around 5:15 p.m., roughly when Mickey disappeared.
- Cody had also been texting Mickey shortly before she vanished.
- Investigators believe that window is when Mickey was restrained, driven into the desert, and held in the back of Cody’s vehicle.
Tony’s first deal: a new story
Tony Fratto is offered a plea deal if she cooperates against Cody.
Under pressure and facing the death penalty, she gives a dramatically different account than the one she initially told police:
- She says Cody controlled and abused her.
- She says Cody texted her, “I have her,” and sent a photo of Mickey in the backseat.
- She claims Cody drove Mickey into the desert, ordered Tony to help, and forced her to participate.
- Tony says Cody told her, “We have to kill her.”
- She admits to hitting Mickey and helping as the attack unfolded, but says Cody alone used the knife and buried the body.
Tony’s sentencing
At Tony’s sentencing hearing:
- Mickey’s family delivers emotional victim impact statements.
- Tony gives a brief apology, which Mickey’s mother rejects as insincere.
- The judge calls it one of the most violent murders he has seen in decades.
- Tony receives:
- Life in prison
- An additional 20 years for use of a deadly weapon
- Parole eligibility after 18 years because of the plea deal
Tony’s diaries and the jealousy theory
After Tony is jailed, investigators find her personal diaries, which become important evidence.
The diaries reveal:
- Deep insecurity and loneliness
- Fear that Cody would leave her
- Jealousy toward Mickey, who was attractive, popular, and Cody’s longtime friend
These writings lead Cody’s lawyer and investigators to argue that Tony may have been the emotional driver behind the murder:
- Tony may have wanted Mickey out of the way.
- Some believe she influenced Cody to commit the crime.
- The diaries suggest a motive rooted in jealousy and possessiveness.
Cody’s plea deal and final sentencing
After Tony agrees to cooperate, Cody revisits a plea deal of his own.
This time he accepts responsibility and changes his public position:
- He says Tony was “not all to blame.”
- He says he is also responsible.
- He describes the motive as jealousy, anger, and senselessness.
- He offers a limited apology and no full explanation.
At sentencing:
- Mickey’s family again speaks powerfully against him.
- The judge says Cody had the power to stop the murder and did not.
- Cody is sentenced to life in prison without parole.
Main Takeaways
- The episode centers on how prosecutors used plea bargaining to break the case open.
- Tony and Cody each give shifting accounts, with each trying to reduce their own culpability.
- Jealousy, insecurity, and control emerge as the most plausible motive, especially from Tony’s diaries.
- The court proceedings bring closure in terms of sentencing, but not necessarily full truth.
- Mickey’s family remains convinced that Tony still has not told the entire story.
Notable Themes
- Truth vs. strategy: Each suspect’s account is shaped by what helps them legally.
- Power and manipulation: The episode explores whether Tony was a passive participant or the driving force.
- The emotional cost of justice: The sentencing scenes show the lasting pain on Mickey’s family.
- Unresolved questions: Even after both deals, the episode suggests the full story may still be hidden.
What the Episode Sets Up Next
The episode ends by hinting that Tony Fratto still has more to say—and possibly more to hide. The next chapter promises a deeper look at her version of events and whether it finally reveals the true motive behind Mickey Costanzo’s murder.