Defendant, alleged victim testify in shooting trial


BOZEMAN, Mont. - Diana Arnold, a woman accused of shooting a former tenant in the back of the head over a disputed security deposit, took the stand in her defense during day three of her Bozeman trial. Alleged victim Henry McDunn also testified.

Arnold is accused of breaking in to the home of Henry McDunn in May 2012. Prosecutors accuse Diana Arnold of shooting McDunn two times.

Court records say McDunn was involved in a civil suit against Arnold at the time of the incident.

NBC Montana was in court Monday to hear testimony from character witnesses, defendant Diana Arnold, and the alleged victim, Henry McDunn.

McDunn took the stand in the morning and told the jury that on May 30, 2012, he was fighting for his life. McDunn said he struggled to fight off Diana Arnold and grab the gun Arnold allegedly used to shoot him. He described to the court how he took the gun and pulled it away from Arnold to avoid getting shot.

"I turned it around and the gun would be facing me. I didn't want to do that and have it accidentally go off and shoot myself," said McDunn.

McDunn says he was in a hallway, kneeling down, trying to tie up his dog Yogi. It was at that moment McDunn told the jury he noticed something moving by a door nearby.

"When I first saw her, that's when she shot me," he said.

Court records say McDunn was a former tenant and the two were involved in a civil case.

The defense questioned McDunn's statements to police, saying they were inconsistent both at the scene and later at the hospital. McDunn denied the allegation saying his statements never changed.

"I made the statement. I walked in the house and was shot. That was the statement I made," said McDunn.

Monday afternoon Arnold was called to the stand. She told the jury that ever since a car accident back in 1999 she has suffered from brain damage and forgets things often.

"I couldn't remember people that I should know. It's embarrassing and sad," said Arnold.

She went on to say objects come to her vision that are not real. "I see like small animals on the side of my vision that weren't there. That's part of it," she said.

The jury also heard testimony Monday from witnesses who knew Arnold personally. They told the jury Arnold is a honest woman, and these accusations surprised them.

NBC Montana checked the court docket and the trial is scheduled through Friday.

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