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Associated Press, Published January 26 2012

Jury finds North Dakota man not guilty of murder

BISMARCK (AP) — A jury has acquitted a North Dakota man accused of stabbing his friend to death.

The Burleigh County jury found 28-year-old John Unruh not guilty of murder in the April 16 death of 23-year-old Randall Albaugh. Unruh was also acquitted of a felony charge of preventing arrest.

Unruh earlier testified that he was using a knife to open the door of a bathroom where Albaugh and a woman were having loud sex within earshot of his young daughter, and that Albaugh was stabbed when he lunged at Unruh.

Defense attorney Tom Tuntland says Unruh was protecting himself, and that Albaugh's death was a "terrible tragedy," not murder.

Prosecutor Lloyd Suhr said in his closing argument to the jury Wednesday that Unruh was not justified in using deadly force.

Copyright 2012 The Associated Press.