Road rage retrial begins
David Cole | Hagadone News Network | UPDATED 12 years, 10 months AGO
COEUR d'ALENE - Jonathan W. Ellington started his New Year's Day six years ago arguing with his fiancee. Ellington then left the couple's Athol home "angry" in his Chevrolet Blazer, a prosecutor said.
A short time later, Ellington's anger ignited a road-rage incident that ended with him using his vehicle "as a weapon," running over a woman and killing her in the street in front of her family, Kootenai County deputy prosecutor Art Verharen said Thursday during opening statements in Ellington's second trial in the murder case.
Public defender John Adams, in his opening, portrayed Ellington as a man who was relentlessly "hunted" by four family members in two cars after he had been a "rude jerk" to two sisters he encountered while driving on the Rathdrum Prairie.
Ellington, 51, is charged in 1st District Court in Kootenai County with second-degree murder for killing Vonette L. Larsen, 41, by running her over near Scarcello and Ramsey roads. He's also charged with two counts of aggravated battery for ramming a car occupied by sisters Jovon and Joleen Larsen, who were 21 and 18 at the time.
Ellington's first jury trial in Kootenai County in September 2006 ended in conviction on those charges, but the Idaho Supreme Court threw the convictions out in May and granted a new trial.
The state's highest court found a prosecution expert witness likely committed perjury on the stand in that first trial. That witness, Idaho State Police Cpl. Fred Rice, will not be testifying this time.
Adams said, "(Ellington's) life was changed forever when he was chased with cars and a gun by the Larsens."
Ellington encountered the sisters' vehicle, drove up behind them, passed them, then stopped in front of them in their lane. He then got out of his vehicle and confronted them, cursing and then striking a window with his hand. The girls called 911, and then they called their parents.
Adams acknowledged Ellington was wrong to get out of his vehicle.
After getting a call from Joleen Larsen, Joel Larsen, of Athol, got into a vehicle with his wife, Vonette Larsen, and the Larsens worked together to chase Ellington.
Adams said that the incident would have never reached the fatal end it did - with Vonette Larsen being killed - if the sisters would have just let Ellington flee from further confrontation.
Adams said Ellington just wanted to get away, but was chased despite several changes of direction, U-turns on narrow roads, and driving at speeds of up to 90 mph, possibly higher.
Adams asked the jury to consider one question as they listen to witnesses: "Who had the last clear chance to take Vonette out of harm's way?"
A jury was seated Wednesday for the re-trial, and the first witness, the now 24-year-old Joleen Larsen, took the witness stand Thursday morning.
Verharen also played for the jury the two 911 calls Joleen Larsen made during the Larsens' chase of Ellington. Her sister, Jovon Larsen, was driving during the incident.
"Something definitely needs to be done," Joleen Larsen is heard saying on one call.
She asks the 911 caller if they should continue chasing Ellington.
The 911 operator responded, "It's up to you, I don't want anybody to get hurt."
Later the operator said, speaking of Ellington, "He's probably scared as well, that's why he's driving fast."
According to Verharen, eventually Ellington got cornered after driving into a snowbank. He then pulled out and drove his Blazer into the vehicle the sisters were driving, Verharen said. His Blazer also collided with the car driven by Vonette Larsen, he said.
Joel Larsen fired multiple rounds from his .44-caliber Magnum handgun at Ellington's vehicle in the chaotic final moments of the incident.
"Joel saw what was happening to his daughters, and he thought (Ellington) was killing his daughters," Verharen said, explaining why Joel Larsen fired the gun.
After the Blazer struck the sisters' vehicle and began pushing it toward a ditch, their mother got out of her car and ran for her daughters' vehicle, but she was run over and killed by Ellington.
The trial resumes today with more prosecution witnesses, which will likely include Joel and Jovon Larsen.