Shooter`s Case Likely to Move | Video

Retha Colclasure | 4/11/2012

The trial for two men accused in a Beulah shooting death will be likely moved out of Mercer County, and could come to Burleigh County. Cody Borner and Richard Whitman each face two counts of conspiracy to commit murder. Prosecutors say they showed up at a Beulah apartment in January and shot Timothy and Michael Padilla, killing Michael.

Attorneys for the defense and the prosecution are each requesting a different starting date for the trial. Prosecutors wanted to move the case out of Mercer County, citing media coverage and Facebook messages about the case.

"As the parties are aware, we`ve had some pretty big cases in Burleigh and we`re able to pick it when they actually happened in Burleigh County. So I would be fairly confident that if we move it to Burleigh, we can get a jury," said Judge Bruce Romanick

The trial is expected to last five days.

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