It may be weeks before the state crime lab in Missoula returns the blood alcohol content report of state Sen. Greg Barkus, who was driving his boat the night of an Aug. 27 crash near Bigfork that injured him and four others, but Flathead County Attorney Ed Corrigan said his department is working as fast as possible on the case.
Corrigan said the investigation indicates Barkus was driving the boat 40 miles per hour the night of the crash and the Republican state senator had been drinking alcohol. Corrigan has subpoenaed Barkus hospital records and is waiting for blood test results from the state crime lab. The results, along with some other evidence from the investigation will determine the degree of charges Barkus may face, but Corrigan is weighing felony charges.
The crash injured U.S. Rep. Denny Rehberg, who was released earlier this week with a broken ankle and fracture around his right eye. His staff member Kristin Smith was released the same day. Rehberg’s state director, Dustin Frost, also in the accident, remains in stable condition at Kalispell Regional Medical Center with a serious brain injury. A statement from Frost’s family is expected later today.
Two days after the crash Rehberg released his BAC at 0.05, below the legal limit 0.08, and a spokesman stressed that at no time was Rehberg driving the boat.
Barkus has not made any statements and has hired Kalispell attorney Todd Glazier to represent him. Glazier is not speaking to the media. The person who answered the phone at Barkus’ home Thursday said his wife Kathleen, also in the crash, was home resting.
In the absence of much new information on the boat crash during the first half of this week, there has been speculation on some blogs that the delay in the release of Barkus’ BAC may be due to his standing as a public official.
Corrigan dismissed such speculation, saying his staff prepared and filed its subpoenas as early as Monday.
“This is being treated no differently than the case of ‘Joe Blow’ being in a car accident when alcohol is involved,” Corrigan said. “There has not been any undue delay here, nor has there been any stonewalling, nor will there be.”
“We don’t have all the information yet,” he added. “We don’t want to just be releasing information willy-nilly that may prove not to be true, once the accident is put together.”
The boat crash occurred near Wayfarer’s State Park around 10:20 p.m. as the group was heading from The Docks restaurant in Lakeside to Marina Cay Resort, where Rehberg was staying that night.
Records show Barkus was previously pulled over for drunken driving in 2004 by the Montana Highway Patrol. The charge was reduced to reckless driving, to which Barkus pleaded guilty and was ordered to pay a $335 fine and sentenced to attend a driving-and-alcohol course by a Lake County judge. Barkus said at the time his reckless driving was due to worry over the health of his mother.