Two Mercer County men are on trial for the shooting death of Michael Padilla in Beulah this January.
29-year-old Richard Whitman and 24-year-old Cody Borner are accused of entering a Beulah apartment with loaded weapons January 31st, shooting and killing Michael Padilla and shooting and injuring his brother Timothy.
On day one of a Beulah murder trial in Bismarck, jurors listen to opening statements.
"Tap, tap, it was about an inch away from his body when those shots were fired." says Erickson.
State's Attorney Ladd Erickson says some "bad blood had developed over drugs", and that there were up to nine shots fired in an apartment scuffle this January.
Rick Whitman and Cody Borner have been charged with two counts of conspiracy to commit murder.
Count one deals with Michael Padilla, count two deals with his brother Tim.
"I picked up the assault rifle, pointed it at them, pulled the trigger nothing happened, ran and saw my brother, shortly after that he died in my arms." says Tim Padilla.
Three witnesses took the stand, including Tim Padilla who now lives in Billings Montana.
He and another witness say they saw Whitman and a masked man pull out two guns, an assault rifle and a .22 caliber pistol.
Whitman and Borner each have a defense attorney.
Their attorneys say that neither Whitman nor Borner conspired to kill anyone that day.
"The reality is Mr. Whitman never conspired with Cody Borner to cause the death of Michael or Timothy Padilla, under any circumstances." says Travis Finck
Defense attorney Travis Finck says his client, Rick Whitman will take the stand during the trial.
It is expected to last all week and up to 25 witnesses may be called.