Posted: Jul 23, 2013 3:15 PM by Erin Schattauer and Keele Smith
Updated: Jul 23, 2013 6:21 PM
BOZEMAN - Diana Arnold claims she doesn't remember details of the day police say she broke into her former tenants' new home and shot one of them.
Arnold, 59, took the stand in her own defense this week. Her trial is being held in Gallatin County District Court where a jury will be asked to decide if she is guilty of attempted deliberate homicide and aggravated burglary charges.
The alleged victim, Henry "Dave" McDunn took the stand this week as well and told the story of how he came home on the day of May 30, 2012 to find someone inside his home.
McDunn recalled how he opened the door that day, went inside, put down the mail and bent down to leash up his dog. That's when he remembers everything going white.
"Something hit me in the back of the head. Everything turned white," he remembers. "The next thing I remember I'm laying down the hallway, looking back down towards the door, on the floor."
That's when he says he saw a figure and the person said, "'I'm gonna kill you, Dave McDunn.'"
He remembers brooms and mops falling on him. He grabbed one of them to use as a weapon.
"I switched hands with it. I was basically flailing it around, hitting the person, hitting the wall. At that point, just a distraction...My right hand found the hat and I was able to get up and hook the door handle with my hat, so...that's how I was able to pull myself up."
Once on his feet, McDunn said he realized he would have to do battle.
"I see a flash and another pop or crack sound and I see the gun, so I realize I've been shot at and I see blood squirt out my chest and I look down and that bullet must have just hit my collarbone. It hadn't, but to me it looked pretty close."
The two struggled. McDunn didn't recognize his attacker at first, not until her hat and wig came off.
"I seen the back of her head and at that point I knew who it was. I yelled out her name, 'Diana,' and I punched her," McDunn recalled.
The struggle continued, the two biting and hitting one another. The gun was thrown across the room. It continued until his wife, Kathy, came home.
Kathy testified last week at the trial, telling jurors that she arrived home to find her husband yelling for her to call 911. She did. Her husband held Arnold until police arrived, she said.
But Arnold says she remembers little of that day.
"You say I was wearing the hat; I don't remember if I was wearing the hat. You said I had the shoes on; I don't remember having the shoes on at that point," Arnold said referring to a hat with hair sewn into it and a pair of oversized men's boots that she allegedly wore that day.
The defense claims Arnold suffered a head injury during a car crash in 1999 and has not been the same since.
The prosecution wrapped up its case this week. Now the defense is calling its witnesses.
Arnold has been held in the Gallatin County Detention on $1 million since the day she was arrested.