Boat was going more than 40 mph

The boat that Greg Barkus was piloting likely was traveling more than 40 mph when it crashed a week ago into the rocky shore of Flathead Lake, Flathead County Attorney Ed Corrigan said Thursday.

All five people onboard, including U.S. Rep. Denny Rehberg, R-Mont., were injured when the craft plowed into the steep shore along Wayfarers State Park in Bigfork about 10:20 p.m. on Aug. 27.

Investigators believe the boat, which was approaching land at an oblique angle, hit some submerged rocks immediately off shore before pitching up onto the bank some distance north of the initial collision.

The boat, which had been traveling northeast, then slid a little ways back toward the water, but came to rest a few feet above the lake in Wayfarers State Park.

A search of the damaged boat, which already has been returned to the Barkus family, primarily turned up evidence about how violent the impact was, Corrigan said.

The most seriously injured occupant of the boat, Rehberg's state director, Dustin Frost, remained hospitalized Thursday with a severe head injury. Corrigan, who met Wednesday with Frost's father, sister, and girlfriend, said the family is "optimistic" Frost will recover.

"They're very hopeful that will be the case," Corrigan said.

Three people - Rehberg; his deputy chief of staff, Kristen Smith; and Barkus' wife, Kathy - were released Monday from Kalispell Regional Medical Center.

Greg Barkus also may have been released from the hospital, but a hospital spokesman on Thursday declined to confirm that Barkus has returned home or divulge any other information.

Corrigan said he is in communication with Barkus' attorney, Todd Glazier, who has released no details about the incident and has refused to talk to the media. Glazier did not return calls Thursday seeking information on Barkus' condition.

Corrigan said his office has subpoenaed the lab reports on blood taken from Barkus for medical reasons while he was being treated at the hospital following the crash.

A blood sample also has been sent to the state crime lab so toxicologists there can independently test Barkus' blood-alcohol level.

Corrigan said this week that investigators believe Barkus had been drinking the night of the crash.

Corrigan said he is awaiting additional evidence from the crash before his office decides whether to file charges against Barkus, a veteran GOP state legislator who is the state Senate's majority whip.

Corrigan said his office is not considering charges against any passengers in the boat. Rehberg's office has said the congressman's blood-alcohol level was 0.05 (below the legal limit for a driver) when tested at the hospital about three hours after the crash. But a Rehberg spokesman also stressed that the congressman was not driving.

The boat party was returning to Marina Cay, where Rehberg had been staying, after dinner at The Docks restaurant in Lakeside when the crash occurred.

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com