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Man Allegedly Shot By Landlord Testifies

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BOZEMAN - A man allegedly shot by a former landlord testified in court on Monday.

Dave McDunn explained what happened on May 30th 2012, when Diana Arnold reportedly broke into his home and shot him.

"I was shot as I walked into the house," said McDunn.

In McDunn's testimony he said he walked in the door, kneeled down to pet his dog and was shot in the head.

"She kept asking me to let her up and I didn't," said McDunn.

During cross examination, Diana Arnold's defense team honed in on part of McDunn's written statement saying it did not match what he was saying in court.

"Immediately after this happened, your story was that she threw the gun away. Now, we're in court and you're telling the jury you threw the gun away, which is it" said Chuck Watson, Defense Attorney.

"I threw the gun away," said McDunn.

Defense attorney, Chuck Watson also tried to prove there was no way a person could fit behind a door in the hallway where McDunn said Arnold was hiding before she shot him the first time.

"She's back in this hallway in the two bedrooms in the back," said McDunn. "There's plenty of room for a dog and a person to hide there."

McDunn describes the fight in the bedroom.

"During that struggle, several times, she went face up, face down. She was able to spin around underneath me where my knees are on the floor," said McDunn.

Following McDunn's testimony, Arnold took the stand.

"I feel nervous all the time, like I should get up and do something. Some of the anxiety symptoms are you get out of breath really easy," said Arnold.

During questioning, Arnold attributed her anxiety to an accident in 1999 where she got hit by a semi, leaving her with a traumatic brain injury.

"When I get really stressed, part of the memory problem from my accident will shut down and I can't access information," said Arnold.

The trial will resume on Tuesday with cross examination from the state.

Defense Attorney, Chuck Watson said he will being 12 witnesses to the stand during the next couple days. The trial is expected to last until Friday.

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