Prosecutors weigh possibilities

By Kevin Woster, Journal Staff Writer | Friday, August 22, 2003

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A 21-year-old Rapid City man was sentenced in 2002 to eight years in prison for his role in a fatal crash similar to the one caused by Congressman Bill Janklow last weekend.

Thomas Corey ran a red light in Rapid City in February 2002 and crashed shis pickup into a vehicle driven by Stanley Fisher, killing Fisher's wife, Audrey.

Janklow ran a stop sign on a rural road south of Flandreau on Saturday and collided with a motorcycle, killing its driver, Randy Scott of Hardwick, Minn.

Tests after the accidents determined that neither Corey nor Janklow had been drinking. But investigators determined that both were speeding.

Speed can be a crucial factor for prosecutors in determining whether to charge manslaughter or bring lesser charges in such cases. Pennington County State's Attorney Glen Brenner said Thursday that Corey was doing at least 52 mph in a 35 mph zone when he crashed into the Fishers as they drove home from church.

"That was the minimum speed, 52, that they were able to obtain. It could have been a little faster," Brenner said. "That's what allowed us to analyze this case as a manslaughter."

Investigators estimate that Janklow was doing 70-75 mph on a road where the speed limit is 55. Scott was doing 55-60. There was no stop sign on his road.

Corey pleaded guilty to second-degree manslaughter and was sentenced to eight years in the state penitentiary, with three years suspended. He received an additional five-year sentence for possession of drugs while out of jail pending trial in the accident case.

Charges are pending against Janklow. Bill Ellingson, state's attorney in Moody County where the accident occurred, has refused to estimate whether charges might be filed or to discuss specifics. Ellingson is still waiting for some accident information, including reports by the state Highway Patrol on reconstruction of the collision.

"That process cannot and should not be rushed," Ellingson said.

Capt. Jeff Talbot of the South Dakota Highway Patrol in Sioux Falls said Thursday that the reconstruction report would be finished in the next few days.

"The lion's share of the footwork has been done," he said. "Most of it now is old-fashioned mathematics and physics, and then a little English."

As the body of evidence grows, so does speculation about whether South Dakota's only congressman could face a manslaughter charge and possible prison time.

Janklow's son, Russ, a lawyer who has spoken for the congressman since the accident, dismissed that possibility earlier this week. Russ Janklow freely admits that his dad drove through the stop sign and into the intersection. He believes the congressman was distracted by something and didn't see the sign at all. That's probably why there were no brake marks before impact, he said

Russ Janklow has said he doesn't believe the estimated speed rises to the level of recklessness needed for a manslaughter charge.

Brenner said the similarities between the Janklow crash and the Corey case wouldn't necessarily mean the congressman should be charged with second-degree manslaughter.

"These are two distinct cases," Brenner said. "Each case is going to be different. And that (Janklow's) case might very well not be a manslaughter. Each prosecutor has to look at the case — the conditions, the visibility, things like that — everything has to be taken into consideration before a decision can be made."

Prosecutors in the Corey case considered the fact that Corey was coming back from a drug buy when the crash occurred. Seventh Circuit Judge John J. "Jack" Delaney also considered that at sentencing, along with Corey's 14 previous speeding citations, two drunken-driving convictions and his drug violation while awaiting trial on the vehicle crash.

At sentencing, Delaney said: "You were doing thousand-dollar drug deals. You were bringing methamphetamine and cocaine into the community after you killed a woman while coming back from a pot buy."

Audrey Fisher's daughter, Jan Chambers of Rapid City, told Delaney before sentencing that Corey was a moving time bomb.

"It really wasn't a question of ‘if' with Mr. Corey, it was a matter of ‘when' somebody was going to be badly hurt or killed," she said.

Brenner said Corey showed little evidence of remorse for most of the proceedings, a factor also considered by Delaney.

"All these were factors that were aggravating, and that is why he received a penitentiary sentence," Brenner said.

Janklow has long had a reputation for fast driving and has a number of speeding tickets in his past. It's unclear how those might factor into his case.

Even if the prosecution brought manslaughter charges against Janklow and won, that wouldn't necessarily mean prison time. Probation, community service and other sentences also are possible.

"That is completely within the discretion of the judge, absolutely," Brenner said. "If there weren't very many aggravating circumstances and a lot of mitigating circumstances, the defendant could receive no jail. That wouldn't be unusual."

Russell Janklow has said his dad is suffering deep sorrow about the accident and the death of Randy Scott.

"It's been a funeral atmosphere at our house," he said. "There's been no discussion in our house about government or politics. It's strictly this tragedy."

Contact Kevin Woster at 394-8413 or kevin.woster@rapidcityjournal.com