COEUR d'ALENE - Jonathan W. Ellington will likely be getting out of jail.

First District Court Judge John Luster on Monday reduced Ellington's bond amount to $75,000 from $125,000 at the request of Ellington's defense lawyer, Anne Taylor.

Taylor requested bond be lowered to $50,000 or $75,000, so Ellington's family can put up the money.

His older brother, Joel Ellington, of Pleasant Grove, Utah, near Salt Lake City, told the court his brother will be coming to live with him.

He said JonathanEllington, 50, of Hayden, would be able to get a job in Utah and still be able to return to Coeur d'Alene for court appearances.

A second trial for Jonathan W. Ellington in Kootenai County is scheduled to start Nov. 29. Taylor said that will likely have to be pushed out further because one of her primary witnesses wouldn't be available in late November and early December. The second trial is expected to last two to three weeks.

Ellington's first jury trial in September 2006 ended in conviction on charges of second-degree murder and two counts of aggravated battery. He was sentenced to 25 years in prison.

The Idaho Supreme Court threw the convictions out in May and granted him a new trial. The court found a prosecution expert witness lied on the witness stand.

The charges stemmed from a road-rage incident on New Year's Day 2006, in which Ellington ran over and killed a woman on Scarcello Road on the Rathdrum Prairie.

Prosecutors told the first jury that Ellington was angry that day, and he rammed a car driven by sisters Jovon and Joleen Larsen and then ran over their mother, Vonette L. Larsen, of Athol, who was called to the scene by her daughters.

Defense lawyers argued in the first trial that Ellington was in a chaotic confrontation with the Larsen family, including Vonette's husband, Joel Larsen, and Ellington accidentally ran her over while trying to flee the scene. Joel Larsen fired a gun at Ellington's vehicle before she was killed.

On Monday, Ellington was being held in Kootenai County jail.

Once out of jail,Ellington was ordered to have no contact with the Larsens.

He also will not be allowed to drive.