Reactions mixed over jail sentence

By Kevin Woster, Journal Staff Writer and Wayne Ortman, Associated Press Writer | Friday, January 23, 2004

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As news spread late Thursday afternoon of Bill Janklow's 100-day jail sentence for causing the death of a Minnesota motorcyclist last August, some Black Hills area residents called it a slap on the wrist while others considered it too severe.

And some thought it was simply sad.

"It's a sad end to any man's career," Rapid City lawyer Patrick Duffy said. "There's no joy in Mudville over this."

In Flandreau, where Jank-low was sentenced in 3rd Circuit Court, a friend of the man who died in the accident said the sentence was appropriate.

"I think the sentence was just and probably even more jail time than I expected," said Terry Johnson of Luverne, Minn., who was riding motorcycles with Randy Scott of Hardwick, Minn., the day Scott, 55, died.

"It's time to move on. It's been a long five months," Johnson said after the sentencing.

The Scott family, through its attorney, said it would not comment on the sentence. Earlier this week, the family filed a wrongful death lawsuit against Janklow in Hennepin County, Minn.

Scott's daughter, Brandee Scott, left the Flandreau courthouse and jumped into the back seat of a car. She responded "yes" when asked by a reporter if she was satisfied with the sentence handed down by 3rd Circuit CourtJudge Rodney Steele.

Prosecutor Roger Ellyson said he, too, was satisfied with the sentence.

"It may not have been exactly the sentence I would have imposed, but I didn't want to change places with the judge," Ellyson said afterward.

Janklow declined to comment about the sentence.

Russ Knutson, of Magnolia, Minn., was a close friend of Scott's. He said outside the courtroom that he supports the length of the jail sentence but is disappointed the felony would be wiped off Janklow's record if he successfully completes three years of probation.

"In three years, he can get his drivers license back. With the record he has, he should never get it back."

Carrie Van Dyke, manager of Green Lantern Bar and Cafe in Hardwick, said the people who came to her business Thursday afternoon just wanted the judge to be fair.

"I think as long as he was treated as anyone else would have been treated, that's fine," she said.

Few found joy in the decision by Circuit Court Judge Rodney Steele to sentence Janklow to 100 days in the jail, to be served in Sioux Falls, with daily release for community service the last 70 of those days. Steele also put Janklow on probation for three years, during which time his driving privileges will be suspended, and ordered him to pay more than $10,000 in fines, court costs and reimbursements.

That wasn't enough to satisfy Ruby Karmann of Piedmont or Pete Peterson of Whitewood, both of whom believe Janklow deserved worse.

"That's a slap on the hand. There's a guy dead, and he's going to get his license back in three years so he can go out there and play bumper cars again," Karmann said. "The value of a human life is not 100 days in jail."

Peterson said the verdict was a disservice to Randy Scott, the man who died in the collision Janklow caused, and his family.

"A person could go out and smoke a joint in this state and get more time than that, and nobody ends up dead," Peterson said.

Rocky Volker of Rapid City said the license suspension, probation and community service made sense, but jail time was too severe.

"It's a cold, dark day for us when somebody like Bill Janklow ends up being a prisoner," Volker said. "What happened was an accident. I'm really sorry for him. And I'm sorry for us as South Dakotans."

Duffy said someone without Janklow's stature and position probably would have received a stiffer sentence. But because of who Janklow is, Duffy was surprised that he received as much jail time as he did. "That's a pretty stiff wallop."

Janklow will also now get a taste of the punishment side of judicial process, he said.

"There's little question that for all of his self-proclaimed familiarity with the legal system, he's going to get a view of the way we treat people in this state, once we have abandoned them," Duffy said.

But that isn't anything to celebrate, he said.

"I feel sorry for him."

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