Beulah Murder Case Verdict - KXNet - Bismarck/Minot/Williston/Dickinson

Beulah Murder Case Verdict

In a matter of just a few hours, the jury today reached a verdict in the murder trial of two Mercer county men:
Guilty on all counts.
Amber Schatz has more from the Burleigh County courthouse.

After three days of testimony jurors find Richard Whitman and Cody Borner guilty on all counts of conspiracy to commit murder.

The two men were charged following the fatal shooting of Michael Padilla in his Beulah apartment.

29-year-old Whitman and 25-year-old Borner entered the Padilla apartment January 31st with two loaded weapons:  A .22 caliber pistol and an assault rifle.

One count of conspiracy to commit murder is for Michael, who was shot and killed in the deadly scuffle.

One count is for his brother Tim, who was shot in the back, and testified on day one of the trial.

State's attorney, Ladd Erickson actually donned a hunting face mask and coat during a re-enactment of the incident.

Both defendants took the stand and said they did not intend to use the loaded weapons, but wanted to get some marijuana from Padilla's mom and possibly steal an xbox.

Whitman says he brought a gun to avoid any violence with Michael.

Although there were quiet cheers from members of the Padilla family upon hearing the guilty verdict, prosecutors say no one wins in a case like this.

 "I'm pleased with the verdict, I'm satisfied the jury made the right decision, however there are no winners in this case, this senseless and tragic event devastated not only the Padilla family, but our small county as well, and I hope today, the Padilla family will be able to start picking up the pieces, and our county as well." says Jessica Binder/Mercer Co. State's Attorney.

Cody Borner's aunt was too emotional to speak on camera, but said they had gotten their hopes up that there would be a not guilty verdict.

All family and friends will now have to wait for sentencing.

Reporting from the Burleigh County courthouse, I'm Amber Schatz.

    It is a double A felony, which carries a maximum penalty of life in prison.
The judge has ordered a pre-sentence investigation which can take up to a couple months to complete.