Felony charges have been filed against state Sen. Greg D. Barkus, who allegedly was piloting his boat under the influence of alcohol on Aug. 27 when it crashed into the rocky shore of Flathead Lake - injuring him and four other people.
Prosecutors allege Barkus' blood alcohol level was .16 about one hour and 45 minutes after the 10:20 p.m. crash near Wayfarers State Park and .12 about four hours after the crash.
Barkus, 62, turned himself in Wednesday afternoon at the Flathead County Justice Center after a District Court judge issued a warrant for his arrest earlier that morning.
The veteran legislator, however, maintains he was not impaired when the crash occurred, according to a statement released by Barkus' attorney, Todd Glazier.
Barkus, R-Kalispell, faces one count of criminal endangerment and two counts of negligent vehicular assault - all felonies.
Justice of the Peace David M. Ortley released Barkus, a 29-year resident of the Flathead Valley, on his own recognizance following his initial court appearance Wednesday afternoon.
During the hearing, which he attended in a wheelchair, Barkus was read the charges against him and informed of his rights.
Deputy Flathead County Attorney Alison E. Howard unsuccessfully petitioned Ortley to set Barkus' bail at $30,000.
"It's my understanding, based on the charges and the injuries people sustained, that it seems more than fair at this point," Alison said.
Glazier turned and immediately responded, almost incredulously: "Are you serious?"
Afterwards, Barkus was booked and released from the Flathead County Detention Center on certain conditions - including that he not consume alcohol.
The first blood sample, taken at Kalispell Regional Medical Center, was obtained by detectives with the Flathead County Sheriff's Office and the second sample was acquired by investigators with the Montana Department of Fish, Wildlife and Parks.
A point of contention even before charges were filed, the state's blood-alcohol evidence is expected to be challenged.
"We have reviewed the Information and the alleged blood alcohol content levels. We adamantly disagree with those alleged levels set forth in the charging document. We have several witnesses that will testify that Mr. Barkus was not impaired at the time of the accident," according to Glazier's statement.
Injured in the crash were Barkus; his wife, Kathy; U.S. Rep. Denny Rehberg; and two of Rehberg's staffers, Deputy Chief of Staff Kristin Smith and State Director Dustin Frost.
Frost, the most severely injured, was in a coma for 10 days and continues to recover from serious brain trauma.
Rehberg suffered a broken ankle and fracture around his eye while Greg Barkus broke his pelvis and underwent surgery at Harborview Medical Center in Seattle. Smith and Kathy Barkus suffered less serious injuries.
BARKUS AND his passengers left The Docks restaurant in Lakeside shortly after 10 p.m. Aug. 27 to return Rehberg to his Bigfork hotel.
Court papers allege that the restaurant tab and a waitress indicate Barkus had two drinks containing hard alcohol, possibly Scotch. That was supported by information provided by Smith:
"And so I remember Greg had... one of those [hard drinks], and then after that I saw him drinking red wine," Smith told investigators. "They had bottles of red and white wine out, um, you know, with drinks. So I saw him - he was basically drinking, at least what I saw, red wine for the rest of the night."
Defense attorneys, however, present a different version of what occurred the night of the crash.
"In fact, the dinner receipt will show that Mr. Barkus did not consume enough alcohol to be impaired when he left the restaurant shortly before the accident, nor was there any alcohol aboard the boat," Glazier said in his statement. "As the Frost family has said, this was just an unfortunate accident, but nothing more than an accident. Our prayers continue to be with those injured and their families."
In a statement released Wednesday, Rehberg said he was "surprised" to learn the results of Barkus' blood-alcohol test.
"He didn't appear to be impaired to me when we got on the boat for the return trip to Bigfork," Rehberg said. "There is, of course, a presumption of innocence in our system of justice and the charges made today by the prosecutors are now in the hands of the court. I'll continue to provide whatever information I can to the authorities."
Barkus is believed to have used s GPS system to navigate that night. His boat was not equipped with a spotlight or other lighting to illuminate its path.
At one point during the trip, Barkus appeared to be confused about their location - thinking they were headed toward the Flathead River rather than toward Bigfork - and made a sizable course correction to the right, Smith told investigators.
The boat's speedometer appears to have been broken, but the engine was being run at 4,000 rpm - meaning that with five passengers on board it could have been going as fast as 45 mph, court papers claimed.
Smith told investigators they "were definitely heading, like, full speed straight forward" when she first realized the 22-foot boat was about to hit the shoreline.
FURTHER COURT hearings, such as Barkus' Oct. 22 arraignment, are expected to take place in front of District Court Judge William Nels Swandal.
Swandal, of Livingston, was enlisted to preside over legal proceedings involving Barkus, a Kalispell state senator representing District 4, after Flathead County's three District Court judges removed themselves from the case because of their relationships with the veteran legislator.
Before removing herself from the case, Flathead County District Court Judge Katherine R. Curtis signed an order Sept. 9 maintaining the confidentiality of Barkus' medical records.
A series of legal maneuvers that led up to the eventual charges are not considered public record and will remain sealed.
Charges, however, were filed days after Corrigan moved to cancel a suppression hearing following his dismissal of an investigative subpoena seeking Barkus' blood-alcohol level.
Glazier had challenged the subpoena but prosecutors apparently were able to obtain that information from another source, allowing them to proceed with the case.
If convicted on all charges, Barkus could face a maximum penalty of up to 30 years in prison and a $70,000 fine.
And there is a Montana law that clearly states that a legislative seat becomes vacant if the incumbent office holder is convicted of a felony, said David Niss, an attorney with the Legislative Legal Services Office.
"That statute is clear, it is self-executing," Niss said.
He added, however, that it is less clear how an appeal would affect an automatic vacancy.
In all cases of vacated offices, he said, it is up to the county commissioners to fill the office with someone from the same political party as the former incumbent.
In 2004, Barkus was charged with DUI after being stopped by a trooper with the Montana Highway Patrol for speeding, but later pleaded guilty in Lake County Justice Court to the lesser charge of reckless driving. He was fined and ordered to attend a driving-and-alcohol course.
Barkus, who had been pulled over near his home south of Somers, denied driving under the influence of alcohol and said at the time that mental duress over the ill health of his mother was responsible for his driving behavior.
According to Barkus, he was rushing home to get a clear telephone signal for an emergency phone call and actually got word of his mother's death during the traffic stop.
Barkus, who reportedly twice refused to take a breath test during the 2004 incident, later told the Inter Lake he had consumed "a couple glasses of wine" with dinner some time before.
Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com
rtr
Oh yeah if his name would have been Kennedy he could have killed them all and walked scott free.
rtr
My question is why are there laws protecting ourselves from ourselves when it is nobodies business what happened since they were all friends and NONE of them had any complaints about Sen. Greg D. Barkus.
I feel much safer now that I am protected against myself...What a bunch of liberal socialist cr*p this country has become.
disgusted
Why is it that when someone is caught red handed it's not because they are guilty, it's because of political views and ignorance...Let's just throw out those blood samples, (both of them) because they had to be wrong...Let's release every single person who is in jail because they took an innocent life when they jumped behind the wheel of a motor vehilce and drove...All of them were wrongly convicted because of political views and ignorance...Shame of it is that way too many people have to go visit their loved ones at a cemetary because of DUI but I guess that is acceptable to those who believe it is all just politics and ignorance...until it happens to one of theirs...The man get's a trial...The evidence will either convict him or exonorate him because the evidence doesn't have any political views nor is it ignorant....
montana105
Norman,Norman,you SOB,wake up dang it.Ethel,Ethel... This reminds me of the movie On Golden Pond :-)
bevinbigfork
IT WAS AN ACCIDENT PEOPLE. Mr. Rehberg has stated that Mr. Barkus did not appear impaired in any way. ALL of the people on board experienced a terrible accident and have suffered from it. Throwing blame and accusations around motivated by political views and ignorance doesn't serve justice for anyone. It is a shame that people lacking information and experience are making public judgements and throwing ridiculous insults out on others. "THOSE WITHOUT SIN CAST THE FIRST STONE...."
Mr. Barkus does not belong in jail.
God Bless all of the families involved in this accident.
cnyngrl
I guess Barkus doesn't know how to read a GPS. I've also experienced letting an old drunk man drive the boat and it usually doesnt end up good. Old drunk men should be sitting in the back of the boat. Right?
rtr
To Ms_Evans, Now do you feel better after getting that off your chest...I sure hope so.
Please feel free to use anyones initials here since MOST of the people posting believe in YOUR freedom of speech and don't need to hide behind YOUR misinterpreted laws that don't exist in the first place.
The good news here is that everyone is going to be ok after this ACCIDENT and life will go on.
Ms_Evans
A certain poster whose initials I won't mention, come equipped with a mouth full of their brand of "patriotism", their "Code of the West", their style of "purity and piety based on the Word as they interpret it and as they see fit". This type is anti-environmental, anti-feminist, anti-urban, and anti-intellectual with more than just a tad of bigotry.
In short - the epitome of the "cowboy" philosophy of life - and there is simply no point in having a reasonable discussion with such a person. But I do notice that others ignore that person's posts as well.
So certain poster - keep talking to yourself. No one but yourself is listening anyway.
blip on map
Drunken political leadership, go figure.
Barkus can do no more harm in the legislature since he is termed out.
Good riddance!
me
First of all I dont see any victims in this serious situation. Everyone was consenting adults in their adult night out. Our lives are what we make it. Hopefully they will take this situation and learn from it. And the last thing I knew feeling guilt and shame is a good thing when poor judgements are made. The public view him as running from this and not owning this. As corny as it sounds honesty is the best policy and truth sets us free.
Flathead Resident
kal citizen, I have worked with in our local justice system for more years than you know. I know the procedure as well as all the deals that are cut. If you want facts just go to the court house and start looking up how many charges have been reduced to lesser charges just to make the case go away. Facts are easily available and all public record. Enjoy your research, and do not accuse someone of not knowing facts if you do not know your facts. Regardless if he was consuming alcohol or not, he still endangered the welfare of others and that is Felony Criminal Endangerment, up to five year sentence for that alone.
rtr
To Ms_Evans, Libel you say, Is that like the laws you were quoting for the church blog that turned out to have no correlation to the churches at all yesterday.
I probably wouldn’t give up my day job to be a lawyer if I were you, "Just a thought"
Lets just hope Barkus has a good lawyer so common sence reins.
Ms_Evans
Oh dear rtr. Have you been surfing in Nebraska again? If I were you, I'd be careful. Libel is against the law.
The person in the picture appears to be, but very well might not be, 90 years old so we were wondering since we do not know.
rtr
To Ms_Evans, It appears you have had way to many drinks at your gay bar to be posting at this point and time.
Please go take a nap and return to your post "at the key board later".
MT TJ
kal citizen - Did you really write that "there is nothing worse" than the guilt and shame that Barkus will have to live with? I would imagine that the fear that Dustin Frost's family felt for ten days while he was in a coma may have been worse, wondering if he would survive and what his future might be. Yes, I have made mistakes, however none of my mistakes have left anyone in a coma. I make conscious decisions. I don't talk on my cell phone while I'm driving. I don't change the CD in the CD player while I'm driving. And if I'm driving, I don't drink. I'm not willing to have a single drink with dinner if I have to get behind the wheel because I have too much to lose. I won't risk my family losing me either to death or jail, I won't risk anyone else's lives either. There are laws in place for a reason, and there need to be consequences if they're broken. Of course, our prison population would be a lot lower if guilt and shame were the only penalties people face for bad decisions.
Ms_Evans
Why was a 90-year old man driving a boat at night any way? Should he have a driver's license at that age?
kal citizen
It is so easy for individuals to sit behind their computers where nobody has to see them making judgements. The sad reality is these these ARE people's lives that are being judged. I guess i didn't realize there were so many people jumping to make comments, those must just be the perfect people who have never made a mistake in their lives. Barkus' life will never be the same and he has to live with the guilt and shame that comes along with hurting people and letting others down. There is nothing worse than feeling like that. I would suggest before typing on this if you are going to make comments then maybe do some research (flathead resident), it takes a long time to go through the court system here, not much gets swept under the rug.
me
Oh and by the way he does look like Homer Simpsons boss. Whats the bosses name?
me
actually some of the comments are right down funny. HE just needs to go through the process like the rest of us do when we do something illegal. Its not the end of the world and we all make mistakes or poor choices at times. But he defently needs to stop drinking and driving. And him being part of the so called smart people group you would think that would be obvious. Money and power at its best.
Strider
Whether you are a conservative or a statist, we should all recognize that this is a sad story. Barkus has served his constituents. Then, heading out across a vast black expanse, he miscalculates. Circumstances kept all involved from dying & injuries--for the most part--were minor. Would he have been charged if his BAC was 0? The injuries would have been the same. There are many arguments that can be put forth & we can rejoice in another's misfortune, but the fact is, it is a sad story.
Pete
Barkus should switch party affiliations...as a Democrat this would qualify him to run for President.
faithful reader
Does anyone else think it was in poor taste to run a picture of Homer's boss Mr. Burns with this article?
Pete
Barkus' problem is he has the wrong last name and this didn't happen in the People's Republic of Mass.
rtr
I would have thought you socialists would have been standing up for Barkus in memory of Teddy Kennedy.
Oh that’s right Barkus didn’t kill anyone or you would be.
Citizen
I think it is convenient that Barkus has no recollection of the crash according to a previous article printed by the DIL but he is certain, according to this article, that he was not impaired when the crash occurred!! How can he have no recollection of the crash but all of a sudden be certain that he wasn't impaired when the crash occurred...I thought he couldn't remember! Mr. Barkus you should be ashamed, when you stepped behind the wheel drunk you showed no regard for anyone and put the lives of four other individuals at risk!!
Montana Mike
What are our resident right wing conspiracy freaks going to do now? In one week their Radio station goes belly up and their champion drunk gets charged with 3 felonies. My, oh my,it must suck to be a right winger today. LOL!
Pete
Whoa...scary Flathead Res...you don't need no stinkin Dan Brown novel, you've got your own imagination...good for you. Throw another log on the campfire and gather around everyone...Flathead Resident has a story to tell.
Flathead Resident
Well, lets see... this case is making progress but what about the Probation Officer who was arrested for Criminal Endangerment, a Felony on July 4th? That case appears to be in the process of being swept under the rug. How long ago did she enter her not guilty plea? Maybe the prosecutors are back on track with justice and this case is up next for progress. In regards to this case, I am glad that there was no one swimming or fishing off those rocks when this accident occured! I am also thankful that he did not run into another boat on the lake injuring innocent citizens.
Pete
Where are have all the conspiracy theorists gone? Probably disappointed they don't have an evil Republican Plot to talk about around the campfire tonight. Oh well, pick up the latest Dan Brown novel and dig in...its sure to give you the sweats and make things go bump in the night. Secret handshake anyone?
rtr
I sure liked it better in the old days.
If you got drunk with your friends and someone got hurt that was with you BUT NO ONE ELSE DID and the people with you didn't have a problem with it there were NO charges filed.
What ever happened to people keeping their noses out of other peoples business, OH YEAH a lot of people are socialist control freaks today that can't mind their own business and / or they need a life.
I am thinking the latter of the two is the best answer.
Sadiecb1
Well I'm glad that someting was finally done about someone going 45mph on Flathead Lake who was drunk and wreaked where people were hurt. I thought all the hush hush was unfair for all of poor Flathead natives
montana84
Glad to finally see some developments in a case that looked poised to be swept under the rug. I hope folks will pray for those injured in this tragic incident, especially the one recovering from the coma. That Conngressman Rehberg was foolish enough to let his staff and himself get on a boat piloted by a person that was probably having trouble putting one foot in front of the other says a lot about his judgement that evening. Congressman Rehberg was definitely not making good decisions that evening, but as his behavior in DC and around the world demonstrates, Denny has a habit of making poor decisions while under the influence. He should spare Montana further embarassment and resign.
MrMark
He's probably a fun drunk. Glad to see this come down, now maybe everyone will shut up about it!
rtr
Actually I think I would enjoy having a few beers with Barkus, I just don’t think I would let him drive after seeing the boat.
zelmo
Well, now we know why Barkus wouldn't release the BAC, don't we?
What is that .16 is about double the legal limit?
When the next election comes he ought to be thrown out of office.
faithful reader
I'm ok with this. Ed Corrigan has my respect for being a deliberate prosecutor with integrity. It kind of restores your faith, doesn't it?