Janklow charged with one felony, three misdemeanors

By CARSON WALKER, Associated Press Writer | Saturday, August 30, 2003

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FLANDREAU, S.D. (AP) -- The county prosecutor from U.S. Rep. Bill Janklow's hometown charged him Friday with a felony that carries a maximum 10-year prison term and could affect his service in the U.S. House for an Aug. 16 accident that killed a Minnesota motorcyclist.

Moody County State's Attorney Bill Ellingson filed a complaint charging Janklow with second-degree manslaughter, which carries a maximum penalty of 10 years in prison and a $10,000 fine.

The 63-year-old Republican also is charged with failure to stop, going 71 in a 55 mile an hour zone and reckless driving. The first two violations 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 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.

Scott's mother, Marcella Scott, and family thanked the Highway Patrol for its investigation and Ellingson for his consideration of charges.

"Although no judge or jury can bring Randy back to us, we view the criminal charges filed today as both reasonable and appropriate," she said in a statement.

Janklow, who is recovering from injuries he sustained in the crash, was not immediately available for comment.

Janklow broke his right hand and suffered a head injury. A staff member traveling with him sought treatment for a sore neck.

The first-term Republican congressman was on his way home to Brandon after an event in Aberdeen and a stop in Flandreau.

He served four years as South Dakota's attorney general in the 1970s and as governor from 1979 to 1987 and again from 1995 to 2003. During his final term, he was the nation's longest-serving governor. The 63-year-old went to Washington in January as the state's only member of the U.S. House of Representatives.

His son and his doctor say it's unlikely Janklow will return to work next week when Congress reconvenes because he's still recovering.

Now that the charges are filed, the question for some is whether Janklow will keep his job.

Because he is charged with a felony, the U.S. House of Representatives ethics committee will automatically investigate. 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 on anything.

If Janklow were to resign, fellow Republican Gov. Mike Rounds would call a special election within three months to fill it.

Ellingson refused requests to talk to reporters, but said in a news release that merely violating traffic laws is not enough to support a manslaughter charge even if someone dies.

But the state Supreme Court has ruled that 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 Tuesday in Flandreau. If he wants a preliminary hearing, one would be scheduled then and bond would also be set, Ellingson said.