Cody Borner Pleads Not Guilty to New Charges Involving Beulah - - Bismarck/Minot/Williston/Dickinson-KXNEWS,ND

Cody Borner Pleads Not Guilty to New Charges Involving Beulah Shooting

Stanton, ND -

It's like deja vu listening to evidence and testimony against Cody Borner.

Borner is charged with crimes involving a shooting in Beulah in January 2012. Where a man died and another man was injured.

Almost 2 years later the same information is being rehashed.

Jurors convicted Borner of conspiracy to commit murder but the Supreme Court overturned the conviction in August saying Borner was accused of a crime not defined in state law.

The case has now been resurrected and Borner is charged with different crimes of terrorizing, aggravated assault and five counts of reckless endangerment.

"By creating the circumstance you put all these people at risk. The threat, obviously when you come in with masks and with loaded guns and dictate things you're threatening them. And the aggravated assault is using a weapon in striking him on the side of the head," says Prosecutor Ladd Erickson.

Authorities say Borner and Richard Whitman went into an apartment with loaded guns, there was a scuffle and nine shots were fired.

Authorities say the incident involved a dispute over money and drugs.

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

Richard Whitman the co-defendant in the case has pleaded guilty and has been sentenced to 25 years in prison.

Borner pleaded not guilty to the seven charges indicating a second trial on this case is probable.

Borner is also charged with having marijuana in the Mercer County jail.

Court documents say someone threw the drugs over the fence in the rec yard and and Borner smoked it outside, he is also accused of tampering with evidence for dumping his urine sample.

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