Traffic accident expert testifies
David Cole | Hagadone News Network | UPDATED 12 years, 9 months AGO
COEUR d'ALENE - Jurors on Monday in the re-trial of Jonathan W. Ellington got to see a computer generated re-creation of the final moments of the high-speed chase that left a woman dead.
On a projector screen, Kootenai County Prosecutor Barry McHugh presented jurors with 3-D computer-generated images, detailing what he and police investigators believe happened on New Year's Day 2006.
McHugh also presented actual photographs taken after the incident on Scarcello Road, just east of Highway 41 and Twin Lakes Village.
To connect all the visual information, McHugh called to the witness stand a traffic accident reconstruction expert, John Daily, of Jackson Hole Scientific Investigations, based in Wyoming.
Daily used police photographs of the scene and the three vehicles involved in the chase, along with the computer-generated images to reveal, step-by-step, what he determined likely unfolded. Vonette L. Larsen, 41, of Athol, was run over and killed by Ellington, 51, who was driving a Chevrolet Blazer.
Daily showed off his expert training. Jurors got the breakdown on "low-energy side swipes," "off-set, head-on" collisions, tire "scrub marks" and "perception-reaction time."
The education will be helpful as jurors ultimately have to decide if Ellington ran over Larsen deliberately, or if he did so by accident in the heat of a chaotic and fast-moving situation.
As for perception-reaction time, Daily said it's the amount of time it takes someone to see something unexpected while they are driving, figure out what to do about it, and then execute.
"There's some major challenges" in Ellington's case, Daily said.
There will be "no degree of certainty" about how much time Ellington had to react to Larsen being on foot in the roadway, he said. The difficulty lies in the fact it's nearly impossible to re-create the circumstances Ellington faced.
According to earlier testimony in the trial, Ellington got cornered on Scarcello by a Subaru hatchback driven by Larsen and her husband, Joel Larsen, and a Honda Accord driven by two of their daughters. Ellington tried to make his escape, but allegedly rammed the daughters' car, then ran over Vonette Larsen, who had exited her car and was running across Scarcello to help her daughters.
The daughters had a run-in with Ellington earlier in the day when he drove up behind them, then passed them, and then cut them off. He got out of his vehicle, walked back to their stopped car and cussed at them, then hit a window on their car with his hand. Testimony so far hasn't made it clear if the Larsen sisters, Jovon and Joleen, drove too slow for Ellington, or Ellington was driving too fast and tailgating them. Their confrontation set the chase in motion, which their parents joined after being called.
Ellington is charged with second-degree murder and two counts of aggravated battery in 1st District Court. Ellington is out of custody after posting bond, but already has spent six years locked up.
Ellington was convicted after the first trial, but the Idaho Supreme Court threw that out after determining a key prosecution witness lied on the witness stand.
The computer-generated images show that the chase of Ellington ended as he was headed westbound on Scarcello, when he turned off on a side road and went into a snowbank.
The two Larsen vehicles were close behind. The sisters' vehicle stopped in the westbound lane, and their parents pulled into the eastbound lane.
Ellington reversed his Blazer out of the snowbank and clipped the front of the Subaru, driven by Vonette, with Joel Larsen in the passenger seat. That collision slightly damaged the front driver's side of the Subaru, and dented the driver's side door of Ellington's Blazer, in what Daily called a "low-energy side swipe."
Ellington took off around the Subaru and collided - in an "off-set, head-on" fashion - with the Honda.
Daily pointed to a tire "scrub" mark on one picture. The rubber marking touched both stripes of the double yellow centerline. He said the scrub mark indicated where the passenger-side front tire on the Honda was flattened and pushed backward as the Blazer made contact and began forcing the car backward.
Debris from the impact was widely scattered, he said.
The Blazer pushed the Honda off the road until the front end of the car was in a ditch on the north side of Scarcello, according to the images McHugh presented to Daily and the jury.
Daily said the impact came as the Blazer reached 23 to 24 mph, after first accelerating around the Subaru. The force of the rig's push forced up mounds of dirt as the Honda's tires dug in on the other side.
"The only way to get there is the application of power," said Daily, who is paid $300 per hour for court appearances.
After finishing its push, the Blazer then shifted into reverse, throwing dirt behind it.
Daily then called jurors' attention to the spot where photos showed the Blazer was thrown into drive and Ellington jammed on the gas.
Joel Larsen testified last week that at this point he fired a round from his .44-caliber Magnum handgun into the motor of the Blazer to stop it. The force from the bullet dissipated in the metal of the rig.
Seconds later Vonette Larsen was dead in the road.
McHugh pointed out that the eastbound lane was wide open, but Ellington didn't take it. Daily agreed, to the objection of Ellington's public defenders.
The trial continues today.