Whitman knew Borner prior to meeting him again on January 28 at a bar. This was when Borner offered him a place to live.
Def asks about the pill bottle entered into evidence earlier. Whitman was on morphine and hydrocodone at the time of the shooting.
Def asks about alcohol consumption on day of shooting.
He takes pills as needed. Basically on a daily basis.
Whitman had known Colter Langord for several years prior to shooting. Lived with him for a period of time.
On January 29, Whitman had a fight with Shirley. They were both drinking.
On the 30th, they decided to take Shirley to her sons' house. Whitman didn't want to go to the Padilla's house.
Whitman: I didn't want to go over there and deal with Mike.
Whitman was dropped off at Langord's house.
Whitman had a few drinks with Langord.
When Borner got back to Langord's, Whitman suggested they stay there for the night.
At some point they went back to Borner's to get the guns. Borner was driving. They drove around on back roads shooting.
Whitman was drinking vodka, whiskey and apple pie red eye.
At some point he passed out.
On the morning of the 31st, Amber made them breakfast and they started drinking.
Whitman guesses they began drinking around 9 or 10 a.m.
Whitman took his prescribed medicine around noon.
Conversation about going over to the Padilla residence began at someone point.
Whitman: We were bored and I said I knew where we could get a bag of weed.
Whitman said Mike owed him money and joked that he would probably just wind up with an XBox in the end.
Whitman said he was planning on paying for the bag and sharing it with the group at the Langord house.
Whitman says anything he said about stealing the XBox was a joke.
Whitman: "I was homeless. I didn't even have a TV."
Whitman called Shirley about getting the bag of weed. She told him she could get him one.
Whitman did not know who else, if anyone, would be there.
Eventually, they got off the subject of the weed. Then the conversation came back to it.
Whitman and Borner decided to go pick up the bag of weed at some point. Borner drives. Whitman says Langord was too drunk to go.
When they got to Beulah, Whitman called Shirley again to ask her if it was still ok to come over. He says he wanted to avoid any confrontation with Mike. Calls Lopez's statement that he had an angry conversation on speakerphone with Mike a lie.
They parked. Walked up to the apt with the guns.
Def asks him why he brought firearms if he was just going to buy a bag of weed.
Whitman: "I didn't think anybody in their right mind would start anything with someone with a gun."
Whitman says he didn't know whether the gun was loaded.
Def asks whether Borner was hiding do he wouldn't be seen through the peephole. Whitman says no.
Whitman and Borner walked into the apt. Says they didn't have guns out at this time. He still didn't know Mike was there.
As he walked farther into the apt, he saw that Mike was there.
Def puts up a 3D diorama of the apt.
Asks Whitman I'd it's accurate. Whitmansays it is.
Whitman is mapping out his route into the apt on the diorama.
Whitman says Mike acknowledged him and said something like, "What the f--k, Rick."
Whitman says this was an aggressive statement. Says he pulled the gun at this point. Told him to get on the ground. Told him "I just wanted to talk to him."
Whitman says Mike said, "Don't bring a gun into my house unless you're going to use it."
Says Mike advanced on him.
Whitman says he took a couple of steps back away from Mike.