Coroner: Driving away from tow enough for homicide ruling

EDITOR’S NOTE: This report includes details from trial testimony that may be disturbing for readers.

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Detra Farries’ decision to drive away after realizing her vehicle was about to be towed is what led an El Paso County coroner to rule that a tow truck driver’s dragging-death was a homicide, he testified Friday.

“Everything that happened after that, from my standpoint, is irrelevant,” said El Paso County assistant coroner Dr. Daniel Lingamfelter.

The statement by Lingamfelter underscored the importance of ongoing courtroom battles over how Allen Lew Rose, 35, became entangled in a tow cable behind Farries’ GMC Suburban at Hill Park Apartments in February 2011.

The Iraq War veteran and co-owner of J & J Towing in Colorado Springs died after being dragged for more than a mile, and prosecutors say his body was smoking when passersby stopped to comfort him.

Prosecutors say Farries’ decision to flee the towing was one of a series of actions that led to Rose’s agonizing death.

Defense attorneys say Rose put himself in danger — emphasizing testimony that he maneuvered to block her in as she was walking to her SUV and then placed or threw tow hooks on the vehicle as she pulled away. They describe Rose’s death as a tragic accident for which Farries, 33, shouldn’t be blamed.

Friday was a half day for Farries’ trial, which began Jan. 30 with a weeklong jury selection process.

The prosecution began laying out its case Feb. 3 and is expected to continue through next week. Then the defense will have the chance to give its side.

As Lingamfelter walked jurors through a series of autopsy photos, Farries kept her head down and folded her hands in front of her face. Rose’s widow, Renee Rose, has been present for most testimony but did not attend on Friday.

The autopsy showed no evidence of broken bones or head and neck injuries, Lingamfelter told the jury.

Prosecutors continued guiding jurors through Farries’ route — using surveillance videos and witness statements to make the case that reckless driving contributed to Rose’s death.

At least two witnesses have said they believe they saw Farries trying to shake off Rose when he came loose at Platte Avenue and Babcock Road — and each time a judge told the jury to disregard the statement, citing court rules barring speculation.

Several videos shown Friday depict Farries’ SUV being pursued by a green Ford Fiesta driven by a couple who saw Rose being dragged and took off in pursuit.

The defense says Farries thought Rose had gotten into someone else’s car at Hill Park Apartments and was chasing her. One of the first things she did after stopping was to try to call her cousin at Hill Park to see if Rose was there. By then, both Rose and the tow cable had come off of her sport-utility vehicle.

Attorneys also questioned two men who picked up parts of the cable on Feb. 23 shortly after it fell off as Farries turned into a shopping complex in the 600 block of North Murray Boulevard.

Coca-Cola Company delivery driver Robert Seaborn, who fished the 49-foot cable out of the road, said he thought about keeping it but decided to leave it in the parking lot.

Dave Phillips, who lives nearby, told jurors he picked up the two J-hooks from the parking lot just as he saw Seaborn inspecting the cable.

Phillips said he realized the hooks might be evidence when he heard a radio news report about the dragging death early the next day. He flagged down a police officer and handed over the hooks.

Rose, 35, was dragged at speeds of up to 50 mph for more than a mile before his body came loose as Farries made a left turn from eastbound Platte Avenue onto northbound Babcock Road in east Colorado Springs.

Farries is charged with leaving the scene of a deadly accident, manslaughter and vehicular homicide. The first count carries a potential maximum sentence of 24 years and the other two carry a maximum of 12 years.