Def asks about a bag of black zip ties. Tim says it was on the floor in the apt while he was holding his brother.
Tim dismissed but kept under subpoena. Haley Padilla is called.
Haley lived with Mike (her husband) and Tim in the apt.
She knew Whitman but she did not know Borner.
Haley says that she went to her friend's house on the night of the shooting. Returned home around 7:35 or 7:40.
Said hi to Mike and saw Tim, Lopez and Shirley in the apt.
She went into her bedroom and then heard a loud knock at the front door.
She heard a commotion and heard Mike say, "Don't point that gun at me like you're going to shoot me."
She heard gunshots. Several at once.
She dialed 911 on her phone but waited to push send until she knew what was going on. She exited her bedroom and saw Mike laying on the floor. She also saw Tim fighting with Whitman and another man in the entryway. She then pushed send on her phone.
While she was on the phone, she saw Mike and Time drop their guns.
Simonsen will now cross examine.
Haley clarifies that she only saw the assault rifle being dropped. She didn't see both guns. She did not see who dropped it. She can only say that Tim did not drop it.
Haley saw Whitman's left side during the struggle. Says he had a gun in his left hand.
Haley says she did not hear a shot before the shouting.
Finck will now cross examine.
Asks Haley if she knew anything about the conversations between Mike and Whitman earlier in the day. She says she doesn't know anything about them because she was with her friend.
Haley says she never saw Tim pick up the rifle and try to fire it. Says it was on the floor the whole time.
She doesn't remember whether she saw Whitman fire the pistol.
Haley is excused and released from her subpoena.
Attys are speaking with the judge up at the bench.
Court will break for the day.
Court will reconvene at 9 a.m. tomorrow.
Court is back in session. Testimony continues today.
Irwin Fallsdale and Alissa Herman are the first two witnesses called by the state. They lived together in the same apartment building as the shooting.
Both testified that they heard gunshots and arguing coming from the Padilla apt.
Both said they heard arguing before any gunshots.
Herman says she only heard two shots total. Adds that she is sure she heard arguing before any shots were fired.
The Padilla apt was down the hall from them. Herman says she knew of the occupants but did not know them personally.
I should clarify. Irwin was the first witness called this morning. Herman, his girlfriend at the time of the shooting, was the second witness called. I didn't mean to give the impression that they testified together. In any case they have both be en excused.
Sheila Ternes is now called.
Ternes is wife of chief deputy of Mercer County.
They live across the street from Borner.
Her husband, Terry, called her as she was on her way home for the evening. Told her he was responding to an emergency.
He later called again. Asked her to watch for "any action" at Borner residence. She looked and saw high smoke/flame rising from chimney. Saw Borner outside, walking toward his house. He was wearing a hoodie.
Clarifies that she saw Borner outside his house after the flames had died down.
Asks about Borner's demeanor when she saw him outside. She says he "kind of ran a little bit" on his way to his house.
Langor is friends with Borner and Whitman. He spent time with them the day of and the day before the shooting.
They went out shooting. He says they picked up two guns from Borner's residence. An "older looking pistol" and a rifle. Pros shows him a photo of an assault rifle. Asks if it is similar to the one they shot. He says yes.