Trial Begins For Woman Accused Of Shooting Former Tenant - ABC FOX MONTANA NEWS, WEATHER, SPORTS - KTMF/KWYB

Trial Begins For Woman Accused Of Shooting Former Tenant

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BOZEMAN - The trial of the woman who shot her former tenant back in May 2012 began on Thursday.

The trial began with opening statements from the state followed by witnesses testifying.
Diana Arnold is accused of shooting her former tenant, Henry McDunn twice, once in the back of the head and once in the chest.

Court documents state that McDunn and his wife were involved in a civil lawsuit with Arnold over a security deposit. The Judge ruled in the McDunn's favor in that case saying Arnold had to pay the couple $1,200.

"Dave was shot other times during that struggle in a life or death contest between Dave and his intruder," said Marty Lambert, Gallatin County Attorney.

First witness, county attorney, Marty Lambert brought Sergeant Jim Anderson, the first officer to respond to the scene on May 30th 2012.

"I asked if Mrs. Arnold was still in the residence," said Sergeant Anderson, Gallatin County Sheriff's Office. "I knew the name Mrs. Arnold because dispatch announced it over the radio. I also asked if she was still in the residence."

An audio recording was played in court when Sergeant Anderson entered the home.

"Mrs. McDunn described where they were at. Mr. McDunn was on top of Mrs. Arnold straddling her and restraining her down with both hands," said Anderson.

Detective Paul Lewis with the Gallatin County Detective's Office said Arnold entered the home through a window.

"The other windows all had screens on them then there was a window missing a screen on it obviously a ladder had been up there," said Anderson.

Photos were shown throughout the day, including the inside and the outside of the McDunn's home on Spring Hill Road on the day of the incident. Other photos shown were Arnold and Henry McDunn's injuries when they were at the hospital and Arnold's car, which was found on Stonegate Road.

"I got a search warrant for the car and eventually looked inside the car, photographed it, collected some evidence from it," said Lewis. "There was clear plastic over the steering wheel, gear shift and blinker"

A video from Lewis showed that the inside of the McDunn house was a mess. Lewis said matches were scattered all over, furniture and newspapers were everywhere.

"With the wadded newspaper, it looked like someone was going to burn down the house or destroy the evidence of the crime," said Anderson.

"I was told the gun was tossed into an area in some boxes and dressers in that bedroom," said Anderson.

Lewis said four shots were fired and two were not. The gun was later examined by the Missoula State Crime lab.

The trial will resume on Friday morning in Judge John Brown's courtroom. Mrs. McDunn is expected to testify on Friday.

Continue to check ABC/FOX Montana for the latest updates of the trial.

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