Congressman charged with manslaughter in fatal crash

By Carson Walker, Associated Press, 8/30/2003

FLANDREAU, S.D. -- US Representative William J. Janklow, a former governor who has been a dominating force in South Dakota politics for 30 years, was charged with second-degree manslaughter yesterday for allegedly barreling through a stop sign at 71 miles per hour and colliding with a motorcyclist.

Bill Ellingson, the prosecutor in Moody County, Janklow's home county, also charged the congressman with failure to stop, speeding, and misdemeanor reckless driving for the Aug. 16 crash that killed Randy Scott, a 55-year-old farmer from Hardwick, Minn. Janklow also was injured; he hurt his head and right hand.

If convicted, he faces up to 10 years in prison and a $10,000 fine. The charge throws the future of South Dakota's lone House member into doubt and tarnishes a storied political career that includes four terms as governor and one as state attorney general. The 63-year-old Republican has an initial court appearance Tuesday, the same day Congress reconvenes after its August break.

Investigators say Janklow ran the stop sign Aug. 16 near Trent, a small town near the Minnesota line. Janklow told an investigator he saw the sign but was going too fast to stop before colliding with the bike.

Ellingson refused to talk to reporters, but said in a news release that manslaughter charges in traffic accidents are warranted in cases where there is "a conscious and unjustifiable disregard of a substantial risk."

Janklow would not comment, but his son, attorney Russell Janklow, said it would be inappropriate to talk about the case. "Any discussions that should and would be done will be done at the courthouse, and that's the appropriate place for it," he said.

At his court appearance Tuesday, Janklow can decide whether he wants a preliminary hearing, and bond would be set, Ellingson said.

Some political watchers contend that Janklow's political career is over. "I think he was politically vulnerable before the accident. Since the accident, I think his political future has been sealed," said Jim Meader, a professor of government at Augustana College and a polling specialist.

If a congressman is convicted of a felony, the US House of Representatives ethics committee automatically investigates.

The committee's rules say representatives who are convicted of a crime that carries more than two years in prison cannot vote in the chamber until their record is cleared or until they are reelected.

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

Regardless of his fate, Janklow will undoubtedly be remembered as one of the most powerful politicians in South Dakota history. He served four years as state attorney general and 16 years as governor before being elected to the House last year.

But Janklow's impressive political record was sometimes overshadowed by his erratic driving. An unapologetic speeder, Janklow received a dozen speeding tickets in a five-year period in the early 1990s, a time when he held no public office, records show.

Janklow's spotty driving record in some ways defined the maverick image he developed as governor. He has always been known as a fighter, unafraid to take on Washington or state lawmakers who disagreed with his ideas. He is also credited with cutting property taxes and bringing several big businesses to South Dakota, and voters have always rewarded him at the polls.

The family of the victim thanked the Highway Patrol for its investigation and Ellingson for considering charges.

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

News of the charges brought a mixed reaction from voters.

Myrtle Funston of Sioux Falls said she doesn't want Janklow representing her.

"He has been in trouble before, and I think it's about time," she said. "It's too bad it takes something like that to stop him."

Not everyone's ready to have Janklow's career come to an end.

"He's innocent until proven guilty," said Bill Middagh of Sioux Falls. "He should not leave office unless he is convicted."