Ellington defense rests its case

COEUR d'ALENE - A jury in 1st District Court in Kootenai County today is likely to begin deliberating in the re-trial of Jonathan W. Ellington.

The jury's primary responsibility will be deciding whether Ellington, 51, intentionally ran over and killed 41-year-old Athol resident Vonette Larsen on New Year's Day 2006 on Scarcello Road, less than a mile east of Twin Lakes Village.

Ellington, who was living in Athol at the time of the incident, is charged with second-degree murder for Larsen's killing, along with two counts of aggravated battery for allegedly ramming a car occupied by two of her daughters, Jovon and Joleen Larsen. Ellington is out of custody after posting bond.

County prosecutors rested their case Wednesday, and Ellington's defense lawyers rested Thursday morning.

Witness testimony and exhibits during the re-trial showed that Ellington was out driving his Chevrolet Blazer when he had a confrontation with the sisters after coming up behind them, passing, then stopping in front of their Honda Accord.

He got out of his rig and walked back to them, cussing them out and then hitting a driver's side window.

He left, but the sisters called 911 and then their parents, who drove to meet them at the intersection of Brunner and Ramsey roads, then joined in a search and chase of Ellington's Blazer.

The whole incident ended when the Larsens cornered Ellington on Scarcello and his Blazer allegedly rammed the sisters' vehicle, then ran over Vonette Larsen, who had gotten out of her vehicle and ran across the road.

Testimony also showed that Joel Larsen, who exited the vehicle with Vonette Larsen, fired at least one round from his .44-caliber Magnum revolver at the Blazer just before Vonette Larsen was run over and killed. Testimony showed he fired a total of five shots, with two hitting the Blazer. He said the final four shots were fired after she was run over.

Ellington's public defenders, Anne Taylor and John Adams, called only one witness that provided any significant new testimony. Their defense lasted about an hour.

Suzy Cooley-Denney, of Coeur d'Alene, took the stand and described a brief encounter she had with Joel Larsen, just before his family's fatal confrontation with Ellington ended.

Cooley-Denney, a paralegal who works for the state of Idaho, had been visiting a home on the corner of Brunner and Weir roads, where Joel Larsen approached her and her husband and young son, asking if they had seen Ellington's Blazer.

She said he "slammed" the door of the car he exited, a maroon Subaru, then approached them.

Her first reaction, she told the court, was, "What the heck?" or "What is this?'"

She described Joel Larsen's behavior as antsy, angry and aggressive.

She said she stood behind her husband, with her son right behind her.

"Because I was afraid," she testified. "He seemed very upset and agitated, and I wanted to protect my son."

The other two defense witnesses were a detective and a convenience store clerk. They only authenticated photographs taken by law enforcement investigators at the scene of the incident and of the vehicles involved, and of surveillance camera footage from the Twin Lakes Trading Post convenience store.

The jury watched the silent surveillance camera footage, which lasted several minutes.

It showed Ellington enter the store about 8 or 9 a.m., and buy what looked like an alcoholic beverage. He had a friendly conversation with the two people at the counter. The three could be seen laughing and talking.

During opening statements, prosecutors said Ellington's anger that day ignited a road-rage incident that ended with him using his vehicle as a weapon. They said he got into his Blazer after an argument with his wife earlier that morning.

His defense lawyers have said he was "hunted" by the Larsen family after he had been a "rude jerk" to the two sisters. They said Vonette Larsen died accidentally during a fast-moving and chaotic situation.

Ellington was convicted after the first trial in 2006, but the Idaho Supreme Court threw that out after it was determined by the state's highest court that a key prosecution witness, Idaho State Police Cpl. Fred Rice, lied on the witness stand. Rice didn't testify this time around.

The first trial lasted 11 days. This time it was seven days, including a day of jury selection.

Closing arguments are expected to begin early today.