Otter Tail County District Court was consumed with three full days of witness testimony last week in the Defiel murder trial.
29-year-old Dustin Michael Defiel ofFergusFallsis currently standing trial for the murder of his father, Rick Defiel, in Rick’s home on June 1, 2016. Dustin is being accused of shooting his father once in the back and once in the head while his mother, Tammy Defiel, locked herself in the bathroom. Dustin has pleaded not guilty to premeditated murder in the first degree and murder in the second degree.
On Friday, during the questioning of Fergus Falls Police Chief Kile Bergren that took about half the day, Dustin began making barely audible comments. The Fergus Falls Journal reports that the proceedings were not stopped because Judge Waldemar Senyk determined the jury did not notice and Dustin stopped at the request of his attorney, Chris Cadem.
When the prosecuting attorney Michele Eldien said she could hear Dustin calling Bergren a liar, Dustin stoop up and raised his voice stating that Bergren was lying on the stand regarding the events on June 1 and any other interaction he had with the case. Senyk asked Dustin to sit down and instructed him that he is not allowed to talk during the testimony.
So far, 14 people have testified during the trial, including Tammy Defiel. During his mothers testimony on Wednesday, it is reported that Dustin could be seen physically shaking in his seat and shaking his head, as if to say “no.”
Senyk said at the beginning of the trial that Dustin’s first defense is that he didn’t murder his father and that his second defense states that, in the event that he did the act, he has a mental disease that is out of his control and causes him to act irrationally, therefore, he wouldn’t be fully responsible for the alleged crime.
Because of these claims, Senyk said there could potentially be two trials.