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Jury still out in re-trial

David Cole | Hagadone News Network | UPDATED 12 years, 9 months AGO
by David Cole
| January 31, 2012 8:15 PM

COEUR d'ALENE - Jurors in Kootenai County on Monday deliberated for another six hours without a decision in the re-trial of Jonathan W. Ellington.

The seven women and five men decided to break at 4 p.m. Monday. The 1st District Court jury already deliberated for four hours on Friday, following closing arguments in the case.

Ellington, 51, is charged with second-degree murder for running over and killing Vonette Larsen, 41, of Athol, with his Chevrolet Blazer on Scarcello Road just east of Highway 41 and Twin Lakes Village.

She had exited her vehicle and was running across Scarcello on foot at the conclusion of a high-speed chase of Ellington on rural Kootenai County roads southwest of Athol on New Year's Day 2006.

She had ridden in a car with her husband, Joel Larsen, who fired a .44-caliber Magnum revolver at Ellington's Blazer just before she was run over and killed.

The Larsen couple had joined the chase of Ellington after being called by two of their daughters who had a run-in with an angry Ellington earlier on that Sunday morning. The sisters followed Ellington on their own a short time after calling 911, then called their parents to the scene.

The two Larsen vehicles cornered Ellington's Blazer on Scarcello, when Ellington allegedly rammed the daughters' Honda Accord, then ran over Vonette Larsen.

Ellington also is charged with two counts of aggravated battery for ramming the daughters' car.

Prosecutors Barry McHugh and Art Verharen have argued Ellington was in a "rage" that morning after arguing at his Athol home with his then fiancee about her not taking better car of her health.

Defense lawyers John Adams and Anne Taylor have argued Ellington is only guilty of not fleeing his pursuers "good enough," and that he was "hunted" by the Larsens. They said he ran over Vonette Larsen in the heat of a chaotic situation in which he was being fired upon by Joel Larsen.

Short of second-degree murder, the jury also could find Ellington guilty of voluntary manslaughter, vehicular manslaughter with gross negligence, or vehicular manslaughter without gross negligence.

Ellington was convicted of second-degree murder and aggravated battery following a jury trial in 2006, but the Idaho Supreme Court overturned that and allowed a new trial after a prosecution witness lied on the witness stand.

Jury deliberations will resume today.

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