Report: Janklow estimated at 70-75 mph at time of fatal crash

By Carson Walker | Wednesday, August 20, 2003

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Associated Press Writer

SIOUX FALLS -- U.S. Rep. Bill Janklow was driving 70 mph to 75 mph on a county road when he failed to stop at a stop sign and collided with a motorcycle on Saturday, killing the biker, according to an accident report released by the South Dakota Highway Patrol.

The speed limit on the road east of Trent is 55 mph.

Janklow was driving south from Flandreau to his home in Brandon Saturday afternoon when he failed to stop at the stop sign.

A motorcycle driven by Randolph E. Scott of Hardwick, Minn., collided with Janklow's car, which spun around and ended up in the southwest ditch at the edge of a soybean field.

Scott was thrown from the motorcycle and landed in a soybean field. His bike went into the ditch. He died from his injuries.

The motorcycle was going 55 mph to 60 mph at the time of the crash, the accident report said.

The speeds listed are estimates, according to the report.

According to the report, Janklow said he had to swerve to avoid another vehicle.

"The driver of vehicle No. 1 (Janklow) stated there was a vehicle in his lane of traffic and he had to make an evasive maneuver to avoid the vehicle," according to the report.

However, no other vehicles are listed in the report.

The report also says neither man had been drinking.

Highway Patrol officials said Wednesday the report would be given to William Ellingson, Moody County state's attorney.

In a statement, Ellingson said he will continue to keep the public informed of the investigation and the status of any charges. But test results, the identity or testimony of witnesses, physical evidence and other such information that could be introduced at a trial won't be released, he said.

In his statement, Ellingson said he will be careful and thorough and has no deadline for deciding any charges. "That process cannot and should not be rushed," Ellingson said.

"I will wait until I receive the reports and upon receipt will take the time necessary to study them and have any follow-up investigation done that I feel is necessary in order to get all the facts.

Ellingson said he has reported the general nature of facts in the case, including identities, the direction of travel, point of impact and that it appeared Janklow's car did not stop at the stop sign.

The accident report, released late Wednesday afternoon, also confirmed that Scott was not wearing a motorcycle helmet. Helmets are not required in South Dakota.

The Cadillac, registered to longtime Janklow friend Marc Tobias, had $8,000 damage, while the 1997 Harley-Davidson motorcycle's damage was listed at $13,000.

The crash occurred at the intersection of two Moody County paved roads. The speed limit on both roads is 55 mph.

The prosecutor in neighboring Minnehaha County, Dave Nelson, said he can remember only a few cases when a driver in his county was charged with second-degree manslaughter after a fatal traffic accident.

Drivers usually face misdemeanors such as reckless driving, he said. Reckless driving can include improper passing or lane changes, stop sign violations, speeding, defective equipment as well as drinking or drug use, Nelson said.

Reckless driving carries a maximum penalty of a year in jail and a $1,000 fine.

Vehicular homicide, a felony, only can be prosecuted if drugs or alcohol were involved. The maximum penalty is 15 years in prison and a $15,000 fine. Second-degree manslaughter can be charged if evidence shows that a death was the result of recklessness. That carries a 10-year prison term and a $10,000 fine as the maximum punishment.

Earlier Wednesday, the South Dakota Highway Patrol took the unusual step of allowing reporters to view and photograph Janklow's car and Scott's motorcycle.

Based on the damage, it's likely Janklow would have suffered far more serious injuries had the bike hit the driver's side door instead of the back left passenger door.

The off-white Cadillac DeVille looks like someone stripped away much of the back half of the left side of the car and the trunk.

The outside panel of the back door is gone, though the upper frame hangs free. The inside frame of the door panel is pushed into the passenger cabin at least 1 foot and perhaps as much as 2 feet where the motorcycle hit.

The back quarter panel is dented and scraped. An exterior cell phone antenna dangles from outside the shattered back window. The left tire and wheel are torn off and it appears the force of the impact pushed the axle so the right wheel is bent in. Even the tail pipe and muffler are bowed inward.

The front half and the passenger side of the car appear largely untouched, except for a smashed windshield and a scrape across the left front of the hood, likely from when the car ran over a county road sign before ending up in a soybean field about 300 feet from the impact site.

Both front air bags deployed and a Taco John's cup still sits on the front seat.

Scott's Harley-Davidson is twisted and bent from front to back.

The front fork, all the foot pedals and the handle bar are crooked. The front fender is pinched in between the bars that once held the wheel, which lays next to the back of the bike.

The dark green gas tanks emblazoned with "Harley-Davidson USA" are depressed on both sides. Even the back wheel is twisted and rests on the left exhaust pipe.

The left side of the engine remains intact, but the right side shows part of the electrical system and some of the gears. A weed wrapped itself around the front of the right exhaust.

The black leather seat is mostly brown with dirt and the headlight and gauges are gone.