Barkus faces felony charges for boat crash

More than 40 days after a boat crash on Flathead Lake that injured five people, including U.S. Rep. Denny Rehberg, charges have been filed against State Sen. Greg Barkus, alleging he was driving the boat under the influence of alcohol.

Barkus, R-Kalispell, faces three felony charges for the crash, which took place just south of Wayfarers State Park on Flathead Lake. Barkus was driving his 22-foot speedboat when it crashed onto the rocks about 10:25 p.m. that night as the party of five returned from a dinner in Lakeside on their way to Marina Cay Resort, where Rehberg was staying.

Through a search warrant, investigators obtained samples of Barkus' blood samples from Kalispell Regional Medical Center and Montana Fish, Wildlife & Parks. These samples showed Barkus' blood alcohol level at .16 approximately one hour and 45 minutes after the accident and .12 roughly four hours after the accident.

As a result, Barkus, 62, is charged with one count of criminal endangerment for behavior that created a risk of death or serious bodily injury to the four other people on board that night. He is also charged with two counts of negligent vehicular assault for operating the boat under the influence of alcohol and causing serious injury to Rehberg and Rehberg's staffer Dustin Frost.

If convicted on all counts, he could face a maximum sentence of 30 years in prison and $70,000 in fines.

Rehberg suffered a broken left ankle that required surgery to repair. Frost was the most seriously injured, incurring a significant head injury that put him in a coma for several days. Frost is still recovering.

Barkus himself experienced a broken pelvis, a number of broken ribs and lacerations. Barkus' wife, Kathleen, and Kristin Smith, another Rehberg staffer, also incurred minor injuries.

Barkus turned himself in at the Flathead County Justice Center on Oct. 7 following a warrant issued for his arrest. The charges were filed by Flathead County Attorney Ed Corrigan that morning.

Barkus' attorney, Tom Glazier, contested the alleged blood alcohol content levels in a statement issued last week, citing several witnesses that will testify that Barkus was not impaired at the time of the accident.

"We adamantly disagree with those alleged levels set forth in the charging document," Glazier said in the 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."

Rehberg also issued a statement following the charges against Barkus and said he was surprised to learn of the results of his 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 in the statement. "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."

Rehberg said he would continue to provide information that he can to authorities.

The group had been attending an "end of summer" dinner at the Docks Restaurant in Lakeside that evening.

Based on reports from Smith, the dinner tab and waitress, Barkus had two hard liquor drinks followed by red wine throughout the rest of the evening, according to court documents.

The boat was not equipped with a spotlight or other lighting device. Barkus allegedly navigated using a GPS device.

Smith told investigators that at one point Barkus appeared confused about their direction of travel, believed they were heading toward the river rather than Bigfork and made a big course correction to the right.

Smith believed they were traveling at roughly 40 mph based on an engine speed of 4,000 rpm since the speedometer appeared to be broken, according to court documents.

Based on evidence at the scene, investigators determined the boat was traveling north when it struck the shoreline at an angle of roughly 30 degrees, went airborne and crashed into the rocks and cliff.

Barkus is scheduled to appear before District Court Judge William Nels Swandal on Oct. 22 for his arraignment.

Swandal is presiding over court proceedings involving Barkus after all three of Flathead County's judges removed themselves from the case because of their relationships with Barkus.

If Barkus is found guilty of a felony, his legislative seat will become vacant, as required by Montana law. Barkus is currently serving his second term in the Montana State Senate, without the possibility of re-election because of term limits.