Road rage retrial
David Cole | Hagadone News Network | UPDATED 13 years, 3 months AGO
COEUR d'ALENE - A date has been set for the second trial of 50-year-old Jonathan W. Ellington in Kootenai County.
The Hayden resident's expected three-week jury trial is scheduled to start Aug. 29 in front of 1st District Court Judge John P. Luster, according to court documents.
Ellington's first jury trial in August 2006 ended in conviction on charges of second-degree murder and two counts of aggravated battery. The Idaho Supreme Court threw the convictions out in May and granted him a new trial.
The charges stemmed from a road-rage incident involving three cars, one driven by Ellington, that turned deadly on New Year's Day 2006 for 41-year-old Vonette L. Larsen.
Ellington was accused of driving the vehicle that killed Larsen, who had gotten out of her vehicle during the incident and was run over. His Chevrolet Blazer also rammed a car being driven by Larsen's two daughters.
His defense attorneys have said he was fleeing a chaotic situation and struck Larsen by accident after his Blazer was shot at by Larsen's husband, Joel Larsen.
The Supreme Court cited multiple instances of prosecutorial misconduct and the likelihood that an Idaho State Police officer committed perjury in testimony during Ellington's first trial.
Ellington currently is being held at the Kootenai County jail on $125,000 bond.
Following his first trial, he was sentenced to 25 years in prison for second-degree murder and 15 years each on the two counts of aggravated battery.