Prosecutor seeks blood sample for boat pilot

Flathead County prosecutors are seeking to subpoena the results of a blood sample taken from state Sen. Greg Barkus while he was being treated at Kalispell Regional Medical Center following a boat crash last week that injured five people, including U.S. Rep. Denny Rehberg.

Barkus, R-Kalispell, was piloting the 22-foot boat when it plowed into the steep, rocky shore along Wayfarers State Park in Bigfork late Thursday.

The veteran state legislator was returning to Marina Cay, where Rehberg had been staying, after dinner at The Docks restaurant in Lakeside when the crash occurred.

"We do have reason to believe [Barkus' was drinking that night," said Flathead County Attorney Ed Corrigan, who declined to go into further specifics.

Corrigan said he is awaiting additional evidence from the crash before his office decides on whether to file charges against the state Senate's majority whip.

"We are not yet to a point where we can decide what charges, if any, to bring against Mr. Barkus," Corrigan said. "But we are certainly not looking at any charges against Rep. Rehberg, since he was just a passenger of that boat, or any other passengers for that matter."

Corrigan said he is focused on whether there is some basis for 'significant felony charges' against the driver.

Authorities are using subpoenas to retrieve key evidence, such as Barkus' blood-alcohol level, but a decision on charges could come rather quickly if evidence is gathered without a legal fight from Barkus, Corrigan said.

Investigators have been granted a warrant to search Barkus' boat, which is being held in a secure county facility and is expected to be inventoried by today, Flathead County Sheriff Mike Meehan said.

Crash experts with the Montana Highway Patrol are using new software to reconstruct the collision, including an approximate speed at the time of impact. The software allows investigators, using measurements taken at the scene, to create a three-dimensional picture of the crash.

Deputy Flathead County Attorney Caleb Simpson said Tuesday that it appears the boat, which was approaching land at an oblique angle, hit some submerged rocks immediately off the shore before pitching up onto the bank some distance north of the initial collision. The boat then slid a little ways back toward the water, but came to rest a few feet above the lake.

Meehan provided an initial offense report Tuesday to reporters, shedding little light on the case.

It says the emergency call came in at 10:24 p.m. Thursday. Deputy Phillip Greer says he arrived on the scene with another officer to find the boat completely out of the water lying vertically wedged between two rocks.

An unnamed woman in the boat was receiving medical care, and four others near the water's edge needed help, too. It also says the passengers were asked who was driving the boat, and they pointed to an unnamed male down near the water.

Barkus, whose blood-alcohol level has not been released, was later identified as the driver.

In 2004, Barkus was initially 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 $335 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.

All five people on board the boat last Thursday were injured: U.S. Rep. Denny Rehberg, Barkus and his wife, Kathy, and two of Rehberg's staffers.

Greg Barkus and Rehberg's state director, Dustin Frost, remained hospitalized Tuesday in stable condition.

Kathy Barkus said Monday her husband was in the Kalispell Regional Medical Center's intensive care unit. Frost suffered a serious brain injury and has been sedated since the crash.

Rehberg, Kathy Barkus and Kristen Smith, who is Rehberg's deputy chief of staff, were released from the hospital on Monday.

Rehberg's office has said the congressman's blood-alcohol level was 0.05 when tested at least three hours after the crash, below the legal limit for a driver. But they are also stressing he was not driving.

Investigators have yet to be allowed to interview Barkus, who is being represented by Kalispell attorney Todd Glazier.

Glazier was not available for comment Monday or Tuesday.

Reporter Nick Ledden may be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com. The Associated Press also contributed to this report.