Charged with Three Felonies, Barkus Disputes Blood Alcohol Tests

"Three felony charges were filed against Kalispell state Sen. Greg Barkus Wednesday after his alleged driving of a boat under the influence of alcohol led to an Aug. 27 crash on the shore of Flathead Lake that injured him, his wife, Congressman Denny Rehberg and two of his staff members. But shortly after making an initial court appearance, Barkus' attorney issued a statement disputing the alleged blood alcohol content (BAC) levels upon which the charges are based, making a lengthy series of court proceedings likely.

Charging documents revealed a blood test taken one hour and 45 minutes after the accident by Kalispell Regional Medical Center showed Barkus had a BAC of 0.16, twice the legal limit. Four hours after the accident, a test administered by the Department of Fish, Wildlife and Parks revealed Barkus’ BAC at 0.12.Flathead County Attorney Ed Corrigan charged Barkus with felony criminal endangerment for knowingly engaging in “conduct that created a substantial risk to of death or serious bodily injury to others,” referring to the passengers on the boat.

The charge carries a maximum term in state prison of 10 years and/or a maximum fine of $50,000. Barkus is also charged with two counts of felony negligent vehicular assault for operating a motorboat under the influence of alcohol and causing “serious bodily harm” to two of the passengers:

Rehberg and his staffer, Dustin Frost, who suffered a severe brain injury in the crash. Each count is punishable with a maximum term of 10 years, and/or a maximum fine of $10,000. A warrant was also issued for Barkus’ arrest with bail set at $30,000. Accompanied by his attorney, Todd Glazier, Barkus made his initial court appearance Wednesday afternoon. Justice of the Peace David M. Ortley read the charges and informed Barkus of his rights before releasing him on his own recognizance under certain conditions, including that he not drink alcohol.

Barkus' arraignment on the criminal endangerment and two counts of vehicular assault was scheduled for Oct. 22 before District Judge Nels Swandal of Livingston.Glazier released a statement Wednesday evening disputing the BAC levels in the charging documents and saying there are witnesses willing to testify that Barkus did not have enough to drink to cause impairment.

"We adamantly disagree with those alleged levels set forth in the charging document," Glazier said in the statement. "We have several witnesses that will testify that Mr. Barkus was not impaired at the time of the accident. 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. As the Frost family has said, this was just an unfortunate accident, but nothing more than an accident."
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http://www.flatheadbeacon.com/articles/article/barkus_charged_with_three_felonies_following_aug._27_boat_crash/13451/
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I am Not so sure as to Who was Really Driving the Boat, nor am I sure of what the WHOLE circumstances of this evening are... I am not buying the Stories as they are "Officially" played out. Email me Crystal@CrystalCox.com if you know different then the media is portraying on this story.
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Also, Rehberg knew the Guy was Drunk, so IF he was Driving, and Had been drinking at all, didn't Denny Rehberg have a duty to STOP this from happening, has he no blame in the injuries of those on that boat?
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