Barkus pleads not guilty to felonies

State Sen. Greg Barkus, R-Kalispell, pleaded not guilty Monday morning to felony charges resulting from the Aug. 27 boat crash that injured him and four other people.

During his arraignment in Kalispell before Lake County District Judge Kim Christopher, Barkus entered the pleas on one count of criminal endangerment and two counts of negligent vehicular assault.

Barkus, 62, is accused of being under the influence of alcohol when he crashed his boat at high speed into the rocks at Wayfarers State Park near Bigfork.

Flathead County prosecutors allege Barkus' blood alcohol level was .16 about one hour and 45 minutes after the 10:20 p.m. crash and .12 about four hours after the crash.

Barkus' attorney Todd Glazier has rejected the allegation that his client was drunk.

The defendant used a walker in court on Monday. Previously he was in a wheelchair because of a broken pelvis he sustained in the boat crash. He also suffered a couple of fractured ribs, a possible hairline fracture in his right ankle, cuts on his legs and a knee injury.

Among the boat's passengers, U.S. Rep. Denny Rehberg fractured the bone around his eye and underwent surgery for a shattered ankle, and Dustin Frost, Rehberg's state director, spent 10 days in a coma and is recovering from brain injuries.

Rehberg Deputy Chief of Staff Kristin Smith and Barkus' wife, Kathy, suffered less severe injuries in the crash.

During Monday's brief proceedings, Christopher denied a motion filed by Glazier last week contending that the presiding judge should have been appointed by Park County Judge Nels Swandal when he was removed from the case.

Christopher said Flathead District Judge Stewart Stadler had original jurisdiction and therefore had authority to appoint her to the case.

Stadler and the other two district judges in Kalispell removed themselves from the case to avoid any appearance of impropriety. They had worked with Barkus on legislation to add a fourth judge to Flathead District Court.

Stadler initially appointed Swandal to preside over the case, but Flathead County Attorney Ed Corrigan requested a substitute, so Christopher was appointed instead.

A pretrial hearing is expected in the next 30 days in the Barkus case.

If convicted on all charges, Barkus could face a maximum penalty of up to 30 years in prison and a $70,000 fine.