Def asks if he planned to used the weapons or whether he expected anyone else to use the weapons.
Def asks about the arguing.
Borner says he was not involved in the arguing. He says he wasn't. Adds that he does not remember any of the words exchanged on the argument.
Def asks what happened and in what order.
Borner says it happened fast.
Borner: They both got up. Mike came at us.
Borner says Mike grabbed the barrel of the rifle. Borner had never met Mike before. Borner hit Mike with the rifle. Says he hit him in the side of the head with butt of gun.
Borner: I didnt want him to get control of the gun.
Def asks about the positioning of his hands on the gun.
Def asks what Mike did next.
Borner: He stepped back. So did I.
Tim immediately grabbed the rifle.
Borner says no shots had been fired at this point.
Borner says he and Tim were struggling over the rifle at this time. At some point the rifle discharged.
Def asks if this was the first gun to go off.
Borner says he did not pull the trigger.
Borner says he heard the first shot "shortly after Mike went after Rick."
Def asks if he said anything during the scuffle.
Borner: I yelled at Rick. I didn't understand why the gun was going off.
Borner says Tim was near the door. Borner says he exited the apt though the door. He says two shots were fired from the assault rifle. He estimates that the whole encounter lasted less than a minute.
After he got outside, he ran to the truck. Says he didn't know anyone was shot.
Borner says he grid to start the truck. It started and died about five times before it finally stayed running. By that time Whitman had come outside and they drove away.
Def asks if things happend they way he expected them to. He says no.
There was little conversation in the truck.
Borner asked Whitman what went wrong.
Borner says Rick told him, "sh-t went wrong. You have to forgive me For this.
Borner parked the truck and walked to his mom's residence. He didn't see Whitman after that.
Def asks why he left his guns.
He says Tim had wrestled the gun away from him. He didn't want to go back.
His mom gave him a ride home.
When he got home, he says he burned his clothes.
Borner: I don't know. I didn't know what to do.
Shortly after, the police came and he was arrested.
Following this, an officer asked Borner for a statement. Borner gave him a statement.
Def asked him why he wasn't honest with the officer in his statement (he told the officer he hadn't been anywhere near the apt in Beulah).
Finck will cross examine first.
Asks if Whitman was drinking for three days straight as well. Borner says he was.
Both were drinking vodka.
They drank up until the time the left Langord's.
Pros will now cross examine.