State Rests in Beulah Murder Trial - KXNet - Bismarck/Minot/Williston/Dickinson

State Rests in Beulah Murder Trial

The state of North Dakota has rested in the conspiracy murder trial taking place in Burleigh County.

Prosecutors called their last witness this afternoon in the case against Richard Whitman and Cody Borner.

Whitman and Borner are charged with conspiracy to commit murder in a deadly shooting at a Beulah apartment in January.

Michael Padilla was killed.

Timothy Padilla was injured.

 A combination of hours of drinking and shooting off guns is what lead up to a deadly attack at this Beulah apartment in January.

Colter Langord was with Rick Whitman and Cody Borner prior to the shooting...

(Colter Langord / Friend of Whitman & Borner) Rick mentioned having problems with the Padilla's. I don't know if they owed him money or what the deal was, he seemed upset with them."

Langords girlfriend was also around the men and heard them talk about the Padillas...

Defense Attorney: "does Cody say anything about assisting him in that process? Amber Holleson / Friend of Whitman & Borner : "Most of the time it was "yeah that sounds like a good idea, lets go."

She says Whitman and Borner were talking about going to rob the Padillas for drugs and money but there was no talk of violence.

Attorney: Do they talk about going to kill someone at residence? "No." Do they talk about bringing firearms to the residence? "No" So again, there's no talk about bringing firearms or doing harm to anyone in the apartment?:

But witnesses heard different. A confrontation, gunshots and screaming.

Alyssa Herman / Witness: "It was horrible, like something out of a horror movie."

When Beulah Police Chief Frank Senn got to the apartment the smell of gunpowder was overpowering. And Michael Padilla was dead on the floor.

Senn says this was no accidental shooting.

Senn: "if there's gunpowder residue or stiffling around the wound." Prosecutor: "What's that an indicator of?" Senn: "Of a close range shot."

However Whitman had a different story -- that he shared with Mercer County Detective Warren Wiedrich... During an interview at the jail just hours after the shooting -- he told the detective multiple times he didn't mean to for it to happen, that the Padillas came at him, it happened fast and it was a huge scuffle.

Whitman even denied bringing a weapon or pulling the trigger.

The defense says Richard Whitman and Cody Borner do plan on testifying,  that will happen Wednesday morning.