Def: Whitman and Borner brought firearms to avoid violence. They believed that the presence of the guns would encourage cooperation on the part of the Padillas.
Def: Essentially, this case breaks down to the lack of evidence of an agreement between Whitman and Borner.
He says the only agreement that there's any evidence of is a possible agreement to take video games.
Def encourages jury to avoid jumping to conclusions.
Def concludes his opening statement.
State will call first witness.
Nicole Binder is called and sworn.
Binder is Cody Borner's ex-wife. They divorced in 2006.
She was contacted by Cody Borner in January regarding her sister. During the course of a phone call, Borner asked Binder (because she is a paralegal at WSI) what would happen to him if he went to a guy's house, held him hostage and stole his weed.
He used the name Mike. She did not believe he was talking about Michael Padilla.
Simonsen will cross examine.
The Mike she believes he was referring to lives in Underwood.
Simonsen asks for clarification on the context of the phone calls and their relationship.
Finck cross examines next. His questions deal mainly with whether Borner ever mentioned an accomplice in his discussions about what would happen to him if he took hostages and stole their weed. She says Whitman's name was mentioned but in a different context. Says she got the impression that Whitman had been mugged.
Binder is dismissed and released from her subpoena. Court will take a recess.
The state's next witness will be Avalino Lopez, who was in the Padilla apartment on the night of the shooting.
Lopez is called and sworn in.
Lopez had known Padillas for a few months before shooting. He had spent the previous night at the apartment. He was playing video games.
Shirley (Padillas' mother), Timothy, Michael and Lopez were in the apartment.
Lopez says Mike Padilla and Rick Whitman were exchanging angry phone calls and text messages. Whitman wanted Mike to move out of town. Mike put calls on speaker phone so all in apt could hear.
When there was a knock on the door that evening, Lopez went to answer.
By this time Haley Padilla (Mike's wife) had come home. She was in her room.
Lopez walked to the door. Asked who was there. Whitman announced himself. Lopez opened the door slightly.
Whitman walked in. Lopez saw that he had a pistol.
Pros is asking Lopez to use the whiteboard to diagram the apt.
Lopez is indicating that Mike and Tim were in the couch. Says Whitman was with another man who was wearing a hunting mask.
Pros asks if masked man was carrying anything.
Lopez: He was carrying an assault rifle.
Lopez: Whitman said, "I'll give you one chance Mike. Get on the ground."
Lopez says Whitman fired his pistol at a large window.
Lopez: Mike said, "You better not come at me with a gun in my house and not use it."
At that point, Mike and Tim stand up from the couch and move toward Whitman. Lopez was now standing between Mike and Tim.
Lopez says Tim walked past him toward Whitman and masked man. Mike tried to grab the assault rifle from the masked man.
The masked man struck Mike in the neck with the butt of assault rifle. Tim then moves toward the masked man and Mike moves toward Whitman.
Struggles begin for the guns.
Mike vs. Whitman, Tim vs. masked man.
Lopez: Shots are fired. Mike falls to one knee still holding gun. Mike says, "Why would you do this?"
Lopez jumps out the window. The apartment was about two stories up.
He looked back before jumping. Saw Tim still struggling with masked man.
After landing, Lopez ran away for "fear of my life."
That's it for pros. Def (Simonsen) will now ask.