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Girl, 16, faces pair of murder charges

NICHOLAS LEDDEN/Daily Inter Lake | Hagadone News Network | UPDATED 15 years, 4 months AGO
by NICHOLAS LEDDEN/Daily Inter Lake
| September 17, 2009 12:00 AM

March crash killed mother and son

An Evergreen teenager who prosecutors allege drove her car into oncoming traffic in an apparent suicide attempt has been charged with the deaths of the pregnant Columbia Falls woman and her 13-year-old son who were killed in the crash.

Justine Ellen Winter, 16, was charged Tuesday with two counts of deliberate homicide by the Flathead County Attorney's Office. Erin Julie Thompson, 35, of Columbia Falls, and her son, Caden Vincent Odell, a Kalispell Middle School student, were the victims of the head-on collision, which occurred on March 19.

Winter, a student at Glacier High School, was released on her own recognizance during an initial appearance Wednesday afternoon in Flathead County District Court.

Under the terms of her house arrest, Winter - who will be electronically monitored via ankle bracelet - is allowed only to attend class, medical appointments, and meetings with her attorney. She also is prohibited from driving.

"I don't believe for a minute this young 16-year-old intended to kill those two unfortunate people," said Flathead County Attorney Ed Corrigan, adding however that her actions, knowingly undertaken, nevertheless resulted in two deaths and warrant homicide charges.

Following the hearing, Winter - who is charged as an adult - was booked into the detention center, then immediately released.

Another hearing will be held Oct. 2 to determine whether Winter's case will remain in District Court or be transferred to Youth Court. Winter's attorney, David Stufft, had no comment Wednesday.

According to court records, Winter was southbound on U.S. 93 between Kalispell and Whitefish at about 8:30 p.m. on March 19 when her Pontiac Grand Am crossed the centerline and struck a Subaru Forester driven by Thompson head-on.

Thompson, who was four months pregnant, and Odell were pronounced dead at the scene, coroners said. They had been returning to Columbia Falls after a middle school choral concert where Odell had performed as a percussionist.

Investigators believe Winter, who had argued earlier in the day with her boyfriend and may have concluded they were going to break up, drove into oncoming traffic in a suicide attempt.

Winter dropped her boyfriend off at his house between about 7:30 p.m. and 7:45 p.m., less than an hour before the crash occurred, and then sent him several text messages.

Some read:

"Good bye… My last words…"

"If I won. I would have you. And I wouldn't crash my car."

"And think this is now life or death. It shows you would rather me die because I want to kill myself. Good bye…"

"Because I wanted to kill myself. I wanted you out of my car so I could do what you told me I couldn't. Because I lost you and it's my fault."

A witness following Winter described her driving as erratic, but as he passed her he noticed both her hands were on the steering wheel and she did not appear distracted, court records show.

Investigators with the Montana Highway Patrol found no skid marks or other pre-collision tire marks to indicate Winter tried to avoid the crash. There were no adverse weather conditions and alcohol was not involved, according to prosecutors.

Data recorded by Winter's car indicates that Winter was not wearing a seat belt, was at 95 percent of full throttle, and was traveling at 86 mph three to five seconds before impact and 85 mph at impact.

Winter, who suffered massive internal injuries and numerous broken bones in the crash, was taken to Harborview Medical Center in Seattle after being stabilized at Kalispell Regional Medical Center.

Corrigan said Wednesday he does not expect debate over whether head injuries Winter suffered in the crash have diminished her capacity to face the charges against her to become an issue.

If convicted, Winter - who has yet to be arraigned - could face up to 200 years or life in prison.

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com

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