Borner Takes Stand in Beulah Murder Trial - KXNet - Bismarck/Minot/Williston/Dickinson

Borner Takes Stand in Beulah Murder Trial

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Bismarck, ND -

Two men on trial for a fatal shooting in Beulah take the stand in their own defense.

Richard Whitman and Cody Borner are charged with Conspiracy to commit murder for the January 31st shooting in a Beulah apartment.

Michael Padilla was killed and his brother, Tim was injured.

Borner is the first of the men to take the stand Wednesday morning.

He says he and Whitman had been drinking for three days straight.

Whitman mentioned something about the Padilla's but Borner says he didn't think Whitman was serious.

Borner told jurors they brought the guns to Padilla's apartment because they didn't know if the Padilla's would be armed.

Despite the numerous shots being fired, Borner says he never pulled the trigger.

Borner told jurors that Mike Padilla came at him and grabbed the barrel of Borner's gun. "I hit him with it on the side of the head because I didn't want him to get control of the gun," says Borner.

The entire incident lasted under two minutes.

Borner says he was freaked out and Whitman apologized to him once they got in the truck and left the scene.

Whitman also took the stand to tell jurors about the incident.

The case is expected to go to jurors today.

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