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Inmate charged with drug possession

By BRIAN GEHRING | Bismarck Tribune

A Stanton man now in jail on charges connected to a shooting death in Beulah in 2012 now faces additional charges of drug possession by an inmate.

Cody Borner, 26, pleaded not guilty Wednesday to charges of possession a controlled substance by an inmate, ingesting a controlled substance and tampering with evidence.

Borner along with Richard Whitman, 31, of Hazen, were were convicted in June 2012 on two counts of conspiracy to commit murder in the death of Michael Padilla and the shooting of Timothy Padilla.

However, the North Dakota Supreme Court overturned the convictions. New charges were brought against both men. Borner was charged Oct. 4 with seven Class C felonies; terrorizing, aggravated assault and five counts of reckless endangerment.

Whitman was recharged in a plea deal and pleaded guilty to Class AA felony murder and Class C felony aggravated assault and received a sentence of 40 years with 15 years suspended.

According to court documents, in November, someone threw a marijuana joint over a fence in the recreation yard of the Mercer County Jail and Borner smoked it outside.

He also is accused of eating it and then tampering with a urine specimen.

The possession charge is a Class B felony and the other charges are Class A misdemeanors.

A March hearing has been set and Borner remains in jail on a $250,000 bond.

Reach reporter Brian Gehring 250-8254 or brian.gehring@bismarcktribune.com.

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