MEDORA - Ryan Jacobson, of rural Amidon, who was driving in an accident that killed his two brothers, a friend and a truck driver, was charged Wednesday for each death.

Billings County State's Attorney Jay Brovold charged Jacobson, 21, with four counts of negligent homicide, each a Class C felony.

Brovold said his decision, though difficult because of the family and family friend victims, was based on Jacobson's alcohol consumption and the State Highway Patrol's investigation reports.

Ryan Jacobson, 20, was driving his brothers, Casey, 19, and Justin, 25, and their friend, Brandon Klein, 20, of Bowman, home from a rodeo, when he veered across the center line on Highway 85 and collided with a loaded oil tanker.

The oil tanker driver, Don Tucker, 46, Grassy Butte, escaped the truck on his own, but died of burn injuries two days later.

The two Jacobson brothers and Klein were dead at the scene.

The accident occurred just after midnight June 20 near Fairfield. The tanker had just filled a load and was heading north on the highway.

Brovold wouldn't comment on Jacobson's blood alcohol level except that it was "to the extent that it very likely affected his driving ability."

In North Dakota, a driver exceeds the legal alcohol limit when his saturation is .08 percent.

Brovold had decided to charge out negligent homicide in the case last month, but deferred to give Ryan Jacobson time to heal from internal and hip injuries and from skin and muscle grafts where he was burned.

He said he didn't have current information on Ryan Jacobson's health. "I decided it was time to go and get it done with," Brovold said.

A first appearance is set for Sept. 22 at the Billings County Courthouse in Medora. At that appearance, Ryan Jacobson will be advised of the charges and of his rights, and a date for a preliminary hearing will be set.

Tom Dickson, of Bismarck, is Ryan Jacobson's attorney.

"We will defend the case," Dickson said.

Negligent homicide carries a maximum sentence of five-years imprisonment and-or a $5,000 fine.

(Reach reporter Lauren Donovan at 888-303-5511 or lauren@;westriv.com.)