Trial Begins for Beulah Shooting Suspects | Video

Retha Colclasure | 6/25/2012

Two eyewitnesses to a shooting in Beulah that left one man dead on January 31st testified in court this afternoon. Cody Borner and Richard Whitman are on trial for two counts each of conspiracy to commit murder.

It`s a case of perception versus reality; at least that`s what defense attorneys for two men accused of conspiring to kill Michael and Timothy Padilla earlier this year say.

"This case really breaks down to the lack of an agreement between Mr. Whitman and Mr. Borner," Travis Finck, who is defending Richard Whitman, told the jury. "There`s no evidence that can affirmatively show that they conspired, or they agreed to go over and cause harm to Michael Padilla or Timothy Padilla."

But prosecutors say Richard Whitman and Cody Borner had been talking for several days about going to the Padilla`s apartment to rob them of drugs or an Xbox. They outlined the testimony jurors will hear over the next week, and then began to call witnesses to the stand.

Two people inside the apartment during the shooting testified about what they saw.

"I saw Mike still struggling with Rick Whitman and then shots were fired," testified Avalino Lopez.

Michael Padilla`s brother, Timothy, was also shot that night, but not seriously injured.

"Richard Whitman comes up behind me and I didn`t feel the shot but I got shot," he said.

"What did you feel?" Ladd Erickson, who is prosecuting the case, asked.

"Him hit me with the butt of the gun in the back of my head," said Padilla.

Michael Padilla`s wife was also in the apartment during the shooting. She says she was in a bedroom, and came out after hearing the shooting to see Michael lying on the floor, and Timothy trying to get Borner and Whitman out of the apartment.

The Padilla`s mother, Shirley Padilla, was also in the apartment during the shooting. Prosecutors told the jury that they will not be calling her as a witness because they thought the trial would be too much for her mentally and emotionally.

Prosecutors will continue to present their case tomorrow. The trial is expected to last all week.

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