New Charges Filed in ND Conspiracy Case

STANTON, N.D. (AP) — Prosecutors have filed new charges against a man whose murder conspiracy conviction was overturned by the North Dakota Supreme Court.

The Bismarck Tribune reports 26-year-old Cody Borner faces seven felony charges, including terrorizing, aggravated assault and reckless endangerment.

A jury in June 2012 convicted Borner, of Stanton, and Richard Whitman, of Hazen, of conspiracy to commit murder in the January 2012 shooting death in Beulah of Mike Padilla, of Billings, Mont. Padilla's brother, Timothy, was wounded in the shooting that authorities say resulted from a drug-fueled dispute.

Supreme Court justices in a split decision in August reversed Borner's conviction, ruling that language used in charging documents was improper. The ruling gave prosecutors authority to charge Borner with another crime. The high court has not ruled in Whitman's case.