Janklow failed to stop, prosecutor says

[nixonwasbetterthanW]

http://www.argusleader.com/breaking/Tuesdayfeature.shtml

[jos]

1. Janklow will be a one-term House member

I'd be surprised if he even ran again.

[RapidCreek]

23. Nahhh

He'll get elected again and again. South Dakotans love him. He could shit in their mouths and they'd ask for more.

RC

[nixonwasbetterthanW]

44. Really? He only wonby 54%-46% against Herseth in '02.

It's not that he's invincible, is it?

[Rose Siding]

2. Then that's manslaughter

Right? There will be charges.

[nixonwasbetterthanW]

6. not necessarily -- "conscious, unjustifiable disregard"

from wire story --

If alcohol is not involved, second-degree manslaughter can be charged if evidence suggests death was caused by recklessness, which is defined as a conscious and unjustifiable disregard of substantial risk, Mayer said. Second-degree manslaughter carries a maximum penalty of 10 years in prison and a $10,000 fine.

Careless driving, a misdemeanor punishable by up to 30 days in jail and a $200 fine, also could be charged if there is no evidence of a conscious disregard of risk, Mayer said.

[Rose Siding]

7. If he was conscious

when he blew through the stop, isn't that unjustifiable? I've seen photos and it doesn't appear there are any trees or anything that obscure the sign from view. If others routinely stop there I'd say this would exceed carelessness.

[nixonwasbetterthanW]

10. yup. good weather, no obstructions.

the only clutter was on the southeast corner, where there's a grove of trees. but he was approaching from the north, the cyclist from the east. only if janklow had been coming from the south could he claim obstructed vision.

however, i can see janklow's lawyers arguing that he couldn't see the stop sign because of the glare of the late afternoon sun. that will hardly wash, though -- he's been to that intersection, what, probably a few hundred times in his life?

[Guaranteed]

27. If he made a decision to run the stop sign....

...it's manslaughter. If he was just daydreaming, it's still something, but not manslaughter.

[snooper2]

3. Really?

That took a rocket scientist to figure out...

[rocktivity]

4. That makes the speeding issue kind of moot

But the first thing I'm going to do when I get home from work is see what my state driver's manual says about getting more than one speeding ticket a year!


rocknation

[lightbulb]

5. Lets see what sort of magic bullet theory the defense comes up with

...Janklow’s car traveled about 300 feet after impact

Even if he had stopped, he obviously didn't bother to look for cross traffic before preceeding. I see people do this once in a while and always wonder why they even bother to stop if they aren't going to look!

(edit: spelling)

[Cocoa]

13. I'm not good at judging distances, but...

say I wanted to hit a motorcycle the length of a football field, I think I would have to hit it at a pretty high rate of speed.

[pw]

16. 300 feet?

Geez. At 60 Mph that's almost four seconds. Talk about long reaction time. (I'm not saying he was going 60 -- if he was going slower, that's an even longer reaction time.)

[Thor_MN]

21. If his car traveled 300 feet after the impact,

he either did not stop or stopped/pulled out/impact/though about making a run for it/decided against it. No way are you going to go 300 feet after an impact within 50 feet of a complete stop.

[gratuitous]

8. Well, clearly the motorcyclist was at fault

I mean, who has such reckless disregard for his own personal safety as to be riding a motorcycle when Mr. Janklow is out tooling around behind the wheel of his Cadillac? Mr. Scott's estate should be ready for a lawsuit from Mr. Janklow for intentional infliction of emotional distress for his effrontery in getting himself killed on the front bumper of Mr. Janklow's automobile, causing Mr. Janklow stress, anxiety, nervousness, loss of sleep (presumably), loss of appetite, public humiliation and embarrassment.

Looks like an open-and-shut case to me.

{That, by the way, was sarcasm for those uninitiated in the ways of another brilliantly satirical post by your friendly neighborhood gratuitous.}

[prolesunited]

14. Sssshhh!

Don't give them any ideas. Can his previous driving history be used against him to build a case that his behavior demonstrates a clear pattern of reckless disregard. BTW, I'm sure if it was some black, Hispanic or Middle Eastern guy, they would be getting off the hook, too. Right?

[NNN0LHI]

17. Don't kid your self. A poor white guy would be treated the same way...

...as any poor black, Hispanic or Middle Eastern guy. Its the money that talks.

Don

[IthinkThereforeIAM]

19. So you know how the bully Janklow...

... has operated in the past! Are you a South Dakotan, too? He has done such things to those who revealed his insider trading deals with a video lottery machine company in contract with the state of South Dakota.

...anyway, here is a link of all the ArgusLeader stories dealing with this tragedy, in the interest of more informed posts for those just finding out about this: <http://www.argusleader.com/janklowaccident/>

...and this just in from the local CBS affiliate:
<snip>

The Highway Patrol has informed me that the vehicles involved in this collision will be made available for inspection and photographing. The time and place at which time they may be viewed is expected to be announced later today.

<snip>
<http://www.kelotv.com/NewsDetail9.cfm?Id=22,26327>

[dflprincess]

22. This may not be as satirical as you think

The report I heard tonight said that the motorcyclist hit the rear door on Janklow's car. (It also quoted Janklow's son as saying his father hadn't slept and was distraught - no doubt because he can't figure out how he'll get out of this one. It wasn't an Indian this time <sarcasm on>

The story also made mention of the cornfield that's on one corner of the intersection that would have made it "impossible" for either driver to see the other one coming stopped or not.

Y'know, I've been on country roads in Minnesota and I can think of a few intersections where I've slowed down until I could see past the plants but I can't remember any where it would be impossible to see on coming traffic once I was at (not in) the intersection. (Isn't obstructing an intersection illegal?) They must plant that corn right up to the shoulder in South Dakota.

[starroute]

37. None of those things matter

About ten years ago, I was hit by another car while I was going through an intersection, and because the stop sign was on my side, I was considered at fault. It was a terrible corner -- there were four light and utility poles lined up right next to each other which badly obstructed vision. (They've since taken most of them down.) There were also high banks of snow from the snowplows going through after a storm the previous night. And given that both cars were totalled, I was sure that the other car must have been going far more than the 25 mile an hour speed limit. But the only thing that mattered legally was the placement of the stop sign.

About 25 years ago, a friend of mine was killed when he was riding his motorcycle and an elderly driver coming the other way made a left turn into his path. The motorcycle hit the car, but it was clearly the driver of the car that was at fault.

So from what you say, it doesn't seem that Janklow has a leg to stand on.

[monobrau]

40. You'd be surprised

At how many people would agree with you.
As a biker, I'm all too familiar with that attitude.
It also goes for pedestrians.

[LeftHander]

9. South Dakota flat

At night it is not uncommon for people to just run stop signs.

They look for car lights and if they see none zoom.

Janklow probably is one of "those" type of drivers.

He didn't see the twin beams of a car if he saw the single light cluster of a motorcycle he probably thought it was a farm light in the distance.

If there is a hint of alcohol he's done.

This will NOT be careless driving when you blatantly run stop signs. If you have been down that road you KNOW where the signs are. YOu can also see them a mile ahead plus the STOP AHEAD sign...

He is due.

(edit: DOH...didn't catch the time...)

[nixonwasbetterthanW]

11. it was 4:30 in the afternoon. four-plus hours from sunset

eom

[0007]

15. I think said poster had tongue

in cheek?

[Devil Dog Dem]

12. It's the fault of Clinton's Penis!

Yes, it's Clenis' fault. Like all good repugs Janklow was thinking about Clinton's Penis at the time and was distracted. If only Clinton didn't have a penis, Janklow wouldn't have been thinking about it.

[nixonwasbetterthanW]

18. SD public radio at 4 pm CDT: no update

The South Dakota public radio station in Sioux Falls reported that "the investigation will take two to three days," which we knew more than 24 hours ago. It's been a good three hours since the bombshell was dropped, that Janklow ran the stop sign, but nary a word about it! Anyone out there know whether South Dakota public radio employs actual newsgatherers, or even monitors newspaper websites?

[tsipple]

20. Pull the Car's Computer

Most cars built in the last few years have computers that record the last speed before impact. I wonder if those data have been pulled. Anybody know? Anybody ask?

[IthinkThereforeIAM]

24. They have the recorder...

...once again, the local CBS affiliate, KELO-TV leads the charge, they spoke with an auto dealership owner from the victim's area, who explained the 'black boxes' in nearly all new cars.

<http://www.kelotv.com>

...it should be there on the front page.

[The Zanti Regent]

25. Once again, Republicans get away with Murder!

Put Janklow right up there with Laura Bush and Killer Joe!

[TAH6988]

29. How is

this murder? Manslaughter, perhaps. Murder, no.

[yellowcanine]

35. Vehicular homicide if alcohol involved

If Janklow had an alcohol blood level high enough to be considered DUI, he could be charged with vehicular homicide. I believe that charge is also possible if the determination is made that he consciously ran the stop sign with complete disregard for the consequences - but that would be difficult to prove in court unless his passenger were to testify something to the effect of - "I told him to stop and he said *#& it! and went on through." A lot may also depend on the "black box". If it reveals that he blew through the stop without slowing down significantly - or even sped up (maybe he saw the motorcycle and tried to "beat it"), that could be very bad for Mr. Janklow.

[jiacinto]

26. Is Stephanie Herseth (D) running next year?

Will Janklow have to resign?

[goobergunch]

43. Good question

I don't know, but I hope she does.

According to the Almanac of American Politics, Tony Dean (host of a popular TV program) is considering running.

As for Janklow resigning, I doubt he'll do that unless indicted and it looks like he's going to get convicted.

[nixonwasbetterthanW]

28. Janklow son: Dad didn't do (much) wrong, just a little.

<http://www.rapidcityjournal.com/articles/2003/08/20/front/top/news01.txt>

Russ Janklow said manslaughter charges are unlikely.

"That's crazy. I'm familiar with lots of cases in South Dakota where people are not paying attention and are prosecuted for careless driving or stop-sign violations," Russ Janklow said. "To get into anything above that requires an aggravating circumstance, such as alcohol."




However, re braking distances, check this out:

<http://www.dmv.state.va.us/webdoc/citizen/drivers/cdlmanual/cdlmanual3k.asp>

If that calculation is correct, the congressman was doing 50 at least.

[Judi Lynn]

30. Wednesday article on Janklow's victem

(snip) Victim in Janklow Accident Recalled as Prominent Name in Tiny Minn. Community and Beyond
By Wayne Ortman Associated Press Writer
Published: Aug 20, 2003





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SIOUX FALLS, S.D. (AP) - It's said that in small rural towns, everyone knows everyone. But Randy E. Scott was known well beyond the borders of tiny Hardwick, Minn.

"I heard Randy described as the pillar of the community. I think I would more accurately define him as the most prominent name in the community," said the Rev. Mark Mumme.

Scott, 55, was killed Saturday when the Harley-Davidson motorcycle he was riding collided with a car driven by South Dakota Rep. Bill Janklow near Trent, about 25 miles northwest of Hardwick.

His funeral was scheduled for Wednesday morning in Hardwick, population 222.

"Randy was a man who knew everyone," Mumme said. "He knew the rich and poor, the prominent and the no names." (snip/...)

http://ap.tbo.com/ap/breaking/MGABIWGDLJD.html

[NNN0LHI]

31. Janklow may be in big trouble? This was not just some guy he killed

Sounds like this fellow's family may have the finances and pull to get to the truth.

Don

[Judi Lynn]

32. One would hope!

If not, maybe a group could get after it.

[kskiska]

33. Sounds like this guy is a star graduate

of the Jack Cafferty School of Driving. Wonder if Jack's made any sarcastic comments on this case?

[NNN0LHI]

34. Have not seen one single report of this on any of the major news networks

Not even a mention of it. Wonder if there would have seen some reporting on this story on CNN, MSNBC, etc., if this guy was a Demcocrat?

Don

[rook1]

38. What possible difference

....could it make if the Motorcycle rider was a Democrat. A person was killed in unfortunate accident. Regardless of the outcome of the investigation I can assure you it was not politically motivated...Good Grief.

[robbob]

39. The motercycle rider?

Uh, I think he means that the rep. is a republican, and concidentally enough there is no mention on the news about the incident. If a prominant democratic senator or congressman was involved in such an incident (the poster is suggesting) it would likely be all over the news, with plenty of innuendo regarding the cause of the accident.

I noticed that nowhere in the article linked does it mention the party affiliation of the Rep.

[Tansy_Gold]

41. It was mentioned on the news

I saw it last night (Tues) on the CNN screen-bottom ticker. May also have been on MSNBC, but I'm not sure. I was surfing very quickly.

Whether there was any actual reporting, I don't know. I do not watch either CNN or MSNBC unless absolutely necessary.

[NewJerseyDem]

45. It was actually on Fox!!!

I was shocked when I saw it on the Fox News Channel. For some reason they decided to the report on it. I don't know why.

[yellowcanine]

36. Janklow will try to plea bargain

My guess is that the prosecutors might have enough evidence to charge vehicular homicide - particularly if alcohol was involved - or if it is clear that he completely blew through the stop sign (from "black box" data). Hard to claim that one was just day dreaming if you don't even tap the brakes. Usually when drivers run a stop sign by mistake they will at least tap on the brakes when they see the sign and then go on when they realize they won't be able to stop. But intent is always hard to prove - so prosecutor would likely allow a guilty plea to a lesser charge - but he will still likely do some time. In any case, Janklow's political career is finished, imo.

[Judi Lynn]

42. Update

Wednesday, August 20

Victim in Janklow Crash Remembered as 'ultra-Friendly,' Prominent in Tiny Minnesota Town
By Wayne Ortman Associated Press Writer
Published: Aug 20, 2003

HARDWICK, Minn. (AP) - It's said that in small rural towns, everyone knows everyone. But Randy E. Scott was known well beyond the borders of tiny Hardwick, where hundreds of mourners overflowed a church Wednesday for his funeral.

The circumstances of his death brought the 55-year-old to the attention of the nation. Scott died Saturday when his motorcycle collided with a car driven by South Dakota Rep. Bill Janklow near Trent, S.D., about 25 miles northwest of Hardwick.

(snip) "Randy was a man who knew everyone," Mumme said. "He knew the rich and poor, the prominent and the no names."

Preliminary reports indicate that Janklow, South Dakota's only U.S. House member, failed to stop at a stop sign at the intersection where Scott died, according to the prosecutor.

No criminal charges had been filed, though Janklow's son, Russ Janklow, said Wednesday his father was anticipating legal action.

"You go through a stop sign, you expect to be charged," Russ Janklow said in a telephone interview. "He isn't expecting he's going to be treated any differently than anyone else would be in these circumstances." (snip/...)

http://ap.tbo.com/ap/breaking/MGA0892NLJD.html