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2nd man in Beulah shooting headed to trial

BISMARCK, N.D. (AP) — One of two men whose murder conspiracy conviction was overturned by the North Dakota Supreme Court is headed to trial again.

A pre-trial conference is scheduled for Dec. 26 for Cody Borner, of Stanton.

He pleaded not guilty this week to new charges of terrorizing, aggravated assault and five counts of reckless endangerment.

Richard Whitman earlier pleaded guilty to murder and was sentenced to 25 years in prison.

A jury in June 2012 convicted them of conspiracy to commit murder in the January 2012 shooting death in Beulah of Mike Padilla, of Billings, Mont. Padilla's brother, Timothy, was wounded in the shooting that authorities say resulted from a drug-fueled dispute.

The Supreme Court overturned the convictions because of improper charging documents but said the men could be charged again.