LAKE CHARLES, LA (KPLC) - Key witness for the State Nikita Julian was on the stand as the murder trial of Devin Badon continues.
Julian is Badon's former girlfriend and was with him when Stephin Bergeron was shot.
She broke down crying as she demonstrated the way Bergeron crossed his arms over his face as David "Dice" Fontenot fired shots at him.
She says Fontenot was in one truck while Julian and Badon were in another truck.
She testified she told Badon to get them out of there because she didn't want her and Badon to get in trouble for something she says Fontenot had done. She said they went back to where they were staying and that Fontenot said he thought he had hit one of them in the head. When Fontenot said he was leaving to get rid of it presumably referring to the murder weapon.
Julian testified after the shooting Badon laid down to sleep because he said he had to work the next day. She said she laid down crying and the next thing she remembered was being awakened by police who burst into the house to arrest her and Badon. She said she remained in jail for about two months.
Earlier Julian testified how Badon got someone to go into Walmart to buy bullets because neither he nor Fontenot were 21 years of age.
Earlier she also testified about being upset because Chance Bourgeois had banged on her truck and damaged it. She says she was afraid she would be in trouble with her father who owned the truck.
She admits she left a message on Bergeron's phone saying that if anything like that ever happened again she would shove a gun down his throat.
Julian admits when she was first arrested she didn't tell all she knew. She testified she loved Badon and was trying to protect him.
When the defense gets Julian on cross examination attorney Todd Clemons will likely attack her credibility by pointing out inconsistencies in statements she has made.
He said in opening statements she told lies on top of lies and pointed out she was arrested at first, implying she made some kind of deal with the state to avoid prosecution.
The state plans to put her attorney on the stand to testify no deals were offered or made.
It's apparent the trial will extend into next week.
The jury heard from Chance Bourgeois, the man who was with Stephin Bergeron when he was shot.
Bourgeois admits him and Bergeron, in one truck, followed Devin Badon and his girlfriend in another truck and that when they stopped at a red light that Bourgeois jumped out and banged on the truck to try to get at Badon.
He also admits he tried to open the truck door to get Badon because he was expecting to fight. Bourgeois also described when shots were fired saying the shots were flying all around his head, hitting the dirt and a fence.
Bourgeois says he ran and then realized Bergeron wasn't with him at which point he came back and found that Bergeron had been shot. Bourgeois testified when he saw Bergeron he saw a bullet hole in his head and blood all around. Bourgeois says he had blood on his mouth and his hands from trying to do CPR on Bergeron.
On cross examination the defense is trying to suggest that Bergeron and Bourgeois's actions initiated the events that led to the shooting and that Badon didn't want to fight and tried to avoid a confrontation The shooting happened on April 13 on Highway 27 near Jerry's Marine.
Badon is on trial for second degree murder of Bergeron and attempted murder of Bourgeois.