Hearing on status of homicide trial delayed

A District Court judge has rescheduled the hearing to determine whether an Evergreen teenager charged with the death of a mother and son in a highway crash will be tried as a juvenile or adult.

Prosecutors allege Justine Ellen Winter, who was 16 at the time, drove her car into oncoming U.S. 93 traffic in an apparent suicide attempt. She has been charged with two counts of deliberate homicide for the deaths of Erin Julie Thompson, 35, of Columbia Falls, and her son, Caden Vincent Odell, who were killed in the March 2009 crash.

Flathead County District Court Judge Katherine Curtis has postponed the transfer hearing to allow more time for defense motions to be considered.

Meanwhile, in a motion filed Thursday, prosecuting County Attorney Ed Corrigan maintained there is probable cause to believe Winters committed the offense as alleged. If the case were prosecuted in youth court, Winters would face a maximum penalty of eight years, as opposed to the life sentence she could receive if tried as an adult.

Corrigan noted that the matter may not be transferred to youth court unless it is determined that a youth court proceeding will protect the community, the nature of the offense doesn’t warrant prosecution in district court, and that it would be in the best interests of Winters if she were prosecuted in youth court.

He argued that given the nature of Winter’s alleged offenses, a sentence of four to eight years would not be in the community’s or Winter’s best interests and that prosecution in district court is warranted.

The hearing has been rescheduled for Monday, May 24, at 9 a.m.