Prosecutor - Lawmaker's car ran stop sign

TRENT, S.D. -- A prosecutor said Tuesday that Rep. Bill Janklow likely ran a stop sign before a deadly crash with a motorcycle at a rural intersection, setting up the possibility that criminal charges could be brought against the South Dakota political icon.

Investigators still have not determined how fast Janklow was driving Saturday when his Cadillac collided with a Harley-Davidson, killing Randolph Scott, 55.

Moody County State's Attorney William Ellingson said preliminary reports indicate the former governor went through the intersection without stopping. The car traveled about 300 feet after impact, he said.

Capt. Jeff Talbot of the South Dakota Highway Patrol said authorities have recovered the car's black box, which records information such as the vehicle's speed.

The highway patrol will report the findings of its investigation to Ellingson, who will have the final say over a decision with widespread ramifications: whether to bring criminal charges against a man who has wielded enormous political power in South Dakota for 30 years.

Janklow's renegade image was perhaps best defined by his driving habits. An unabashed speeder, Janklow picked up 12 speeding tickets from 1990 to October 1994, just before he began his second stint as governor.

The driving record has drawn closer scrutiny in the wake of Saturday's crash.

The accident occurred at an intersection of two paved roads that are surrounded by two soybean fields, a corn field and a farm, typical in eastern South Dakota.

Janklow issued a statement after the accident saying he and his family were anguished by the crash, but has refused further comment.

Scott, who was not wearing a helmet, was on his way home from his father-in-law's 80th birthday party. He did not have a stop sign at his intersection.

The motorcycle hit the southbound car's passenger door on the driver's side, right behind the driver.

Vehicular homicide is the most severe charge that could be brought, but alcohol or drugs have to be involved, Deputy Attorney General Bob Mayer said Tuesday.

If alcohol is not involved, second-degree manslaughter charges can be brought if evidence suggests death was caused by recklessness, 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.

Other possible charges in fatal traffic accidents include failure to yield, running a traffic signal or other infractions, depending on results of accident reconstruction efforts.

Authorities said they would interview five witnesses as they investigated the crash. How fast the accident report can be finished depends on the analysis of evidence, how quickly interviews can be wrapped up and whether follow-up information is needed, Talbot said Tuesday.

Talbot said he had not talked with investigators or the accident reconstruction experts Tuesday to see how the probe was progressing.

Janklow, 63, hurt his right hand and suffered a head injury. A staff member, Chris Braendlin, was traveling with him but was not injured.

The first-term congressman was on his way home to Brandon after attending an event in Aberdeen.