Trial approaches for Stateline shooting suspect

COEUR d'ALENE — A DoorDash driver accused of fatally shooting a pedestrian during a road rage incident near Stateline Speedway is expected to stand trial this month.

Edsel R. Johnson is charged with first-degree murder in the May 9 shooting of Bradley Rex, an offense that carries maximum possible penalties of life in prison or the death penalty. He's also charged with reckless driving and battery, both misdemeanors. He has pleaded not guilty to the charges. 

In court Tuesday, defense attorney Ben Onosko and Kootenai County Prosecuting Attorney Stan Mortensen said they expect to be prepared for the weeklong jury trial set to begin Oct. 26 with First District Judge Regina McCrea presiding. 

"I think we can do it in a week," Mortensen said. 

The central question of the case is not whether Johnson shot and killed Rex but whether he was justified in doing so. 

Prosecutors said Johnson was attempting to deliver food May 9 when he encountered vehicle and pedestrian traffic along North Beck Road. Thousands had gathered in the area for the Lantern Festival at the Speedway. 

Johnson allegedly grew impatient and drove his van through a crowd of pedestrians. Prosecutors said several people jumped out of the way except for Rex, who remained in place, while defense counsel has argued that Rex was the sole person in the road, blocking Johnson's path. 

As Johnson drove past Rex, prosecutors said Rex swung a lawn chair at the van, hitting a rear window. Johnson allegedly got out of his van and "body slammed" Rex to the ground. Rex got up and grabbed the driver's side door. 

Prosecutors said Johnson pulled a gun out and shot Rex in the chest, killing him.

Mortensen said Rex was within his rights to stop Johnson and attempt to place him under citizen's arrest.

"Mr. Rex was the victim of battery when he was thrown to the ground and he had the right to defend himself," Mortensen said in court Tuesday. "He had the right to stop Mr. Johnson." 

Onosko asked the court to disallow prosecutors from arguing at trial that Rex intended to place Johnson under citizen's arrest. He said the state has not yet produced evidence that Rex intended to do so and his intentions are otherwise unknowable. 

"The state is only positing this as a hypothetical," Onosko said. 

Defense counsel has argued that Johnson acted lawfully when he shot Rex. Under Idaho law, homicide is justifiable when committed against someone who is attempting to enter an occupied vehicle by force. 

Mortensen asked the court Tuesday to exclude from trial evidence related to Rex's blood alcohol concentration at the time of the shooting. 

"The victim's toxicology in this case is completely irrelevant," he said. 

In Idaho, he said, people may stand their ground and defend themselves or others by use of "all force and means which would appear to be necessary to a reasonable person in a similar situation and with similar knowledge, without the benefit of hindsight." But, he argued, Johnson didn't know Rex's BAC when he pulled the trigger. 

"There's no way the defendant could have known the victim's toxicology until the state disclosed it," he said. 

Onosko said defense counsel has spoken with multiple witnesses, including a former wife, who will testify that Rex behaved "in a very different manner" when he was intoxicated than when he was sober. 

"We do believe we will be able to establish through opinion testimony that Mr. Rex was a violent and belligerent drunk," Onosko said. 

He argued that Rex's BAC and history support Johnson's belief that Rex posed a danger to him during the altercation. 

McCrea declined to make a ruling on either matter Tuesday. The parties are expected to convene again the week before the trial.