October 9, 2013

Borner held on $250,000 bond

New charges have been filed against a man accused of being part of a Beulah shooting that killed one and wounded another in late January of last year.
Last week Mercer County Sheriff’s Deputies took Cody Borner back into custody after Borner was released due to the state Supreme Court overturning his prior conviction of conspiracy to commit murder. He is being held on a $250,000 cash bond, according to the office of the Mercer County State’s Attorney.
Borner and Richard Whitman had each been charged with Conspiracy to Commit Murder for their alleged involvement in the shooting death of Michael Padilla and wounding of Timothy Padilla. Whitman’s conviction has not been overturned at the time of this publication.

Borner now faces seven Class C Felonies, including terrorizing, aggravated assault and five counts of reckless endangement, one for each of the people in the apartment at the time, Michael Padilla, Timothy Padilla, Shirley Padilla, Hailie Padilla and Avalino Lopez.
The previous charge against Borner was overturned in a 3-2 decision by the N.D. Supreme Court, the majority ruling that prosecution had not successfully made the case for the specific charges filed.

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