Barkus pleads no contest

As he left Flathead District Court after pleading no contest Thursday to a felony for a 2009 boat crash that injured five people, state Sen. Greg Barkus said he is anxious to put the legal proceedings behind him.

That won’t happen until Jan. 20 at the earliest, when Malta District Judge John McKeon decides whether or not to accept a plea agreement that calls for a three-year deferred sentence for Barkus, the dismissal of two additional felonies and payment of $4,000 in restitution.

McKeon said he will review a presentence investigation report before making a decision.

By pleading no contest, Barkus reserved the right to withdraw his plea and proceed to trial if McKeon deviates from the recommendations outlined in the deal.

McKeon has the authority to sentence Barkus to 10 years in prison and impose a $50,000 fine, the maximum punishment for criminal endangerment.

Barkus, 64, a Kalispell Republican, reached a deal with prosecutors in November, more than a year after an Aug. 27, 2009, Flathead Lake boat crash that injured Barkus, his wife, Kathy, U.S. Rep. Denny Rehberg and two members of Rehberg’s staff.

Prosecutors allege the veteran legislator had a blood-alcohol level of at least .16 when his boat crashed into the rocky shoreline at Wayfarer’s State Park near Bigfork at about 10 p.m.

He initially pleaded not guilty to criminal endangerment and two counts of negligent vehicular assault at an arraignment in October 2009.

Barkus was mostly silent during Thursday’s hearing, responding to procedural questions asked by McKeon with brief answers. He said he understood the charges and believed the plea agreement was in his best interest.

McKeon asked if Barkus believed he would be found guilty of criminal endangerment if the case went before a jury.

“Yes, I suppose,” he said.

County Attorney Ed Corrigan detailed the evidence prosecutors would have presented at trial, estimating that the boat was traveling at 40 miles per hour with no illumination when the violent collision occurred.

The speed was gathered from the testimony of Rehberg aide Kristin Smith, who said she saw the boat’s tachometer reach 4,000 RPMs prior to the night-time crash.

Corrigan said a crash reconstructionist confirmed the estimated speed and that blood-alcohol tests showed Barkus was above the legal limit for alcohol consumption.

The boat, which had no headlights, was ferrying the group to Bigfork “after a night of dining and cocktails in Lakeside,” Corrigan said, and Barkus was relying on a Global Positioning System unit for navigation.

Prompted by McKeon, Corrigan said Barkus has no significant criminal history, adding that he was not aware of the details of a 2004 reckless driving conviction in Lake County in which Barkus was initially stopped for drunken driving.

Barkus later said his erratic driving was due to news of his mother’s failing health. Otherwise, his record consists of minor traffic violations in 1995,1998 and 2000, with a citation for operating a vehicle without registration in 1994.

After the hourlong hearing, Barkus declined to answer questions.

“I’m just happy everyone is doing better,” he said.

Barkus, who took office in 2003, is completing his final term in the Montana Senate after reaching the term limit for state legislators.

Reporter Eric Schwartz may be reached at 758-4441 or by e-mail at eschwartz@dailyinterlake.com.