Case will determine teen driver's status
Montana State Trooper Glen Barcus of Kalispell explains the photographs he took at the scene of the fatal accident involving Evergreen teen Justine Ellen Winter and Erin Julie Thompson, 35, of Columbia Falls, and her son, Caden Vincent Odell.
Justine Winter wipes her eyes as she cries during the beginning of the hearing to determine whether she will be tried as a juvenile or an adult in the deliberate homicide of Erin Thompson and Caden Odell in March of 2009.
“All your life you run from (expletive) instead of facing it.”
According to Flathead County Sheriff’s Det. Kip Tkachyk, that was a text message sent from Ryan Langford to Justine E. Winter shortly before Winter’s car collided with a vehicle driven by Erin J. Thompson on March 19 last year.
Tkachyk detailed a number of text messages between the couple Monday, the first day of Winter’s preliminary trial on two counts of deliberate homicide in the deaths of Thompson, 35, and her son, Caden V. Odell, 13. Thompson was four months pregnant at the time.
The trial technically is only a pre-trial hearing, according to Judge Katherine Curtis. She will use the proceedings to determine whether Winter, 17, will later be tried as a juvenile or adult.
If the case is prosecuted in Youth Court, Winter would face a maximum penalty of eight years, as opposed to the life sentence she could receive if tried as an adult.
Tkachyk testified that Langford and Winter had a falling-out prior to the text messages.
“That’s why I’m going to wreck my car” was a part of a text message sent from Winter’s cell phone to Langford’s shortly before the collision, Tkachyk said.
Prosecution witness Richard Poeppel testified that he was driving on U.S. 93 the night of March 19, 2009. Poeppel said he was traveling northbound “about 45” mph and following a white sport utility vehicle when he entered a construction zone just before a bridge overpass on Church Drive.
“The dark car crossed over into our lane and that was it,” he said.
After checking on the woman (Winter) in the dark car and finding her still alive, Poeppel said he went to the white vehicle.
“I opened the door, told her [Thompson] help was on the way. She looked at me, sort of rolled her eyes and slumped over,” he said. After being questioned by Flathead County Attorney Ed Corrigan, Poeppel confirmed that Thompson fell into his arms.
After questioning from defense attorney David Stufft, Poeppel said he thought there was a center line on the bridge overpass but wasn’t sure.
He said it was “getting dark” but “visibility was just fine.”
Montana Highway Patrol Trooper Glenn Barcus testified that Winter was driving a green Pontiac Grand Am and Thompson was driving a white Subaru Forester. Four lanes had been merged into two because of construction, Barcus said. The speed limit was 55 mph and there was “a lot of debris in the northbound lane.”
Blood drawn from Winter revealed a blood alcohol content of zero, he said.
Barcus later was found by Eugene Welch at the Arby’s restaurant. Welch told Barcus he witnessed a crash while traveling southbound from Whitefish.
Welch came across a green sedan, thought it was being driven erratically, and passed it, Barcus said. After going over the overpass, he didn’t see the green car’s headlights any more.
Montana Highway Patrol Sgt. James Kitchin testified about a crash data recorder, a small box that typically is located under a front seat.
Data from this box showed that Winter’s vehicle was going 81, 83, 84, 86 and 85 mph at one-second intervals just before the car’s air bags deployed. The vehicle’s brakes were not applied until one second before deployment.
Under questioning from defense attorney Max Battle, Kitchin said he didn’t examine the crash data recorder from Thompson’s vehicle because “we don’t have the capability to do Subaru makes and models.”
Based on data provided from Winter’s vehicle, Kitchin said the seat belt was not buckled. “Can you explain how she suffered seat-belt restraint injuries if her seat belt was unbuckled?” Battle asked. “No,” Kitchin replied.
State Trooper Dustin LaRette testified that there were no centerlines or fog lines on the bridge, but said the point of impact was close to the center of the northbound lane.
Based on a formula, LaRette estimated that Thompson’s vehicle was traveling 29.8 mph at impact.
Barcus earlier testified that inspection of the speedometer of Winter’s vehicle revealed a “very distinct orange mark” at 85 mph, which he called a “slap mark.”
The right rear of Thompson’s Subaru was resting on the bridge rail, which LaRette said was approximately four feet above the ground.
Flathead County Sheriff’s Sgt. Ernie Freebury served as the coroner.
He said Thompson and Odell had to be extricated from their vehicle. Thompson died from a crushed chest, Freebury said.
It is reasonable to conclude the crash was intentional, Freebury said. “It would be a rational assumption based on the facts.”
The case is scheduled to run through Friday.
Reporter Caleb Soptelean may be reached at 758-4483 or by e-mail at csoptelean@dailyinterlake.com.