Aug 29, 2003 - 23:24:16 CDT
FLANDREAU, S.D. -- South Dakota's only member of the U.S. House of Representatives could get prison time if he's convicted of a felony for driving like he usually does: fast. So fast -- 71 in a 55 mph zone -- that he didn't see a stop sign in time to hit the brakes and avoid a collision with a Minnesota biker.Rep. Bill Janklow was charged Friday with second-degree manslaughter, which carries a maximum 10-year prison term and a $10,000 fine if convicted.
He's also charged with failure to stop, speeding and reckless driving. The first two charges carry a maximum penalty of 30 days in jail and a $200 fine. The top penalty for reckless driving is one year in jail and a $1,000 fine.
The first-term Republican congressman was on his way home to Brandon on Aug. 16 after an event in Aberdeen and a stop in Flandreau.
The Cadillac Janklow was driving was struck just behind the driver's door by a Harley-Davidson driven by Randy Scott, of Hardwick, Minn. The 55-year-old Vietnam veteran, farmer, trucking business owner and volunteer firefighter died at the scene.
Janklow hurt his head and right hand.
He told an investigator he saw the stop sign but was going too fast to stop before colliding with the motorcycle. In a sworn statement, South Dakota Highway Patrol Trooper Josh Olson said Janklow told him he saw the sign just before the accident near Trent.
Some political watchers believe the same rural intersection that took Scott's life also claimed Janklow's political career.
"I think he was politically vulnerable before the accident. Since the accident, I think his political future has been sealed," said Jim Meader, of Sioux Falls, an Augustana College government professor and polling expert.
Scott's family thanked investigators and the prosecutor for their work.
"Although no judge or jury can bring Randy back to us, we view the criminal charges filed today as both reasonable and appropriate," his mother, Marcella Scott, said in a written statement.
Janklow would not comment, but his son, Sioux Falls lawyer Russell Janklow, said it would be inappropriate to discuss the case.
"Any discussions that should and would be done will be done at the courthouse and that's the appropriate place for it," he said.
The congressman is still sleeping a lot and taking pain medication, Russell Janklow said.
The family talked about the charges Friday but there's been no talk about resigning, he said. "We believe we have a system in place that will deal with this, the judicial system, and we believe in it."
Ellingson, who refused requests to talk to reporters, said in a release that violating traffic laws alone doesn't support a manslaughter charge even if someone dies. But when additional factors are involved, a jury could find someone guilty if the actions appear to be "a conscious and unjustifiable disregard of a substantial risk," Ellingson wrote.
Janklow's initial court appearance is scheduled for 1:30 p.m. Tuesday. If he wants a preliminary hearing, one would be scheduled then and bond would also be set, Ellingson said.
Janklow, who turns 64 on Sept. 13, served four years as South Dakota's attorney general in the 1970s and four terms as governor from 1979 to 1987 and again from 1995 to 2003. During his final term, he was the nation's longest-serving governor. Janklow went to Washington in January.
Before the accident, he was mentioned as a potential candidate against Sen. Tom Daschle, D-SD, who plans to seek re-election next year.
Janklow's son and his doctor say it's unlikely he'll return to work next week when Congress reconvenes because he's still recovering.
The House ethics committee will automatically investigate if Janklow is convicted of a felony. Charges alone do not trigger a probe, although the committee can launch one in some cases.
The committee's rules say representatives who plead guilty or are convicted of a crime that carries more than two years in prison can't vote in the chamber until his or her record is cleared, or until re-elected.
In other words, Janklow could stay in Congress but wouldn't be able to vote.
If Janklow were to resign, fellow Republican Gov. Mike Rounds would call a special election within three months to fill it.
Janklow, a self-proclaimed speeder, has a string of tickets on his record and often drove 15 mph to 20 mph faster than legal speed limits. He once got caught going 90 mph in a 65-mph zone and was also warned at least twice that he was in danger of losing his license.
Meta Ibis, of Sioux Falls, said Janklow was a good governor but his career is shot.
"He needs to be stopped, but it's too bad it had to be that way," she said. "The guy was just nuts when it came to driving."
Not so fast, other South Dakotans said.
"He's innocent until proven guilty," said Bill Middagh, of Sioux Falls. "He should not leave office unless he is convicted."
M Timpane wrote on Feb 5, 2008 12:48 AM:
Dayton Peterman wrote on Jun 20, 2007 11:50 PM:
taxed enough! wrote on Jan 20, 2007 9:08 AM:
Jayden wrote on Dec 18, 2006 8:39 AM:
gary wrote on Oct 20, 2006 9:42 AM:
Gunit wrote on Sep 20, 2006 12:21 PM:
William Brandes wrote on Sep 13, 2006 10:36 AM:
Have You Lost Your Mind (2) wrote on Sep 7, 2006 9:16 AM:
Double Nickels wrote on Aug 10, 2006 1:21 PM:
Veggie consumer wrote on Jul 25, 2006 3:51 PM:
Have You Lost Your Mind? wrote on Jul 2, 2006 1:06 AM:
Phillip wrote on May 20, 2006 5:24 PM:
Lupita wrote on May 15, 2006 11:18 AM:
matthew timpane wrote on Apr 7, 2006 3:49 PM:
Comments are reviewed for taste, tone and language before posting.
Some comments may be used in the Tribune's print edition.
We value and respect your privacy, but The Bismarck Tribune might
disclose certain information to governmental entities if served with subpoena.