Mercer County men set to stand trial

BISMARCK, N.D. (AP) — Lawyers for two Mercer County men charged in a shooting that left one man dead are arguing that certain witness statements should be suppressed.

The trial of 29-year-old Richard Whitman and 24-year-old Cody Borner is scheduled to begin June 25 in South Central District Court in Bismarck. Whitman and Borner are accused of going to a Beulah apartment Jan. 31 and fatally shooting Michael Padilla. Timothy Padilla was wounded but survived.

The Bismarck Tribune (http://bit.ly/LsLTK1) reports that the judge did not rule on the motion during a pretrial conference on Friday.

Borner is being held in Mercer County on $1 million cash bond. Whitman was transferred to the state penitentiary after pleading guilty to a charge of possession of a weapon by a felon.

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Information from: Bismarck Tribune, http://www.bismarcktribune.com

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