Bill Janklow - Vehicular Manslaughter

Vehicular Manslaughter

On August 16, 2003, Janklow was involved in a fatal traffic collision while driving his car, when he failed to stop at a stop sign. Janklow ran the stop sign, causing Randolph E. Scott to strike Janklow's vehicle. Scott was killed in the accident. The accident occurred at a rural intersection near Trent, South Dakota. Scott, a 55-year-old Minnesotan, was thrown from his motorcycle and killed instantly. Janklow's vehicle traveled 300 feet beyond the point of impact and hit a sign in a field. He suffered a broken hand and bleeding on the brain. In the ensuing investigation, officials determined Janklow was driving at least 70 miles per hour in a 55 mph zone and that he ran a stop sign at the intersection where the crash occurred.

Janklow was arraigned on August 29. He said he "couldn't be sorrier" for the accident. His trial began on December 1. In his defense, his lawyer said that he suffered a bout of hypoglycemia, or low blood sugar, and was "confused" and "mixed up." Janklow testified that he had taken an insulin shot the morning of the accident and had not eaten anything throughout day. Medical witnesses said this could result in low blood sugar. No witnesses testified as to Janklow's record of three previous accidents and twelve speeding violations; his driving history had been widely reported in the local media.

Robert O'Shea, an accident reconstruction expert, testified at the trial that he estimated the Congressman's speed to be 63 or 64 miles per hour at the time of impact. This was based on data from the electronic data recorder of the Cadillac and "his own analysis". The State Highway Patrol had said in testimony that it estimated Janklow's speed as "at least 70 mph." The State was not able to download the data from the car because they did not have the connector needed. From his analysis, O'Shea said Scott's motorcycle’s speed may have been as much as 65 mph; this was in contrast to the Highway Patrol's estimate of 59.

Examples of Janklow's violations covered in the press were his receiving a ticket for speeding on his motorcycle four blocks from his home to the Capitol, and another for not having the proper license endorsement to drive the vehicle. The superintendent of the state highway patrol reported that Janklow had 16 traffic stops by troopers during his last term as governor but was not ticketed, due to "respect for his authority," and out of a "fear of retribution." From 1990 to 1994, Janklow had 12 speeding tickets, with fines totaling $1000.

On December 8, 2003, Janklow was convicted by a Moody County jury of second-degree manslaughter. A few days later, he resigned his seat in Congress effective January 20, 2004. House rules do not allow congressmen who are convicted of felonies to vote or participate in committee work until the House Ethics Committee conducts an investigation. On January 22, Janklow was sentenced to spend 100 days in jail. After 30 days, he was able to leave the jail for several hours each day in order to perform community service. He was released on May 17, 2004.

Scott's family sued Janklow for damages, but the court ruled that because Janklow was on official business at the time, he was protected from any monetary claims by the Federal Tort Claims Act, which ascribes liability to the government as opposed to the individual who is acting in a governmental capacity. In July 2006, Scott's family filed a $25 million wrongful death suit against the U.S. government. The lawsuit was settled for $1 million on May 14, 2008.

Court records show Janklow received five citations in South Dakota after his probation ended in 2007 – four for speeding and one for clipping a car in a Sioux Falls parking lot. A citation for lacking proof of insurance was later dismissed. He also admitted to getting ticketed in Minnesota and while driving to Texas.