Victims of crash support the plea deal

The plea agreement offered to Greg Barkus largely resulted from the wishes of the victims of a 2009 boat crash, Flathead County Attorney Ed Corrigan said Thursday.

U.S. Rep Denny Rehberg’s ankle was broken during the Aug. 27, 2009, crash. His former state director Dustin Frost was left in a coma for more than a week. Rehberg’s chief of staff Kristin Smith sustained multiple broken bones. Barkus’ pelvis was broken and his wife Kathy also was injured.

Barkus, who was piloting the boat, was intoxicated, according to Corrigan.

Corrigan said all who were aboard the boat since have recovered and none opposed the plea agreement offered by the Flathead County Attorney’s Office.

“Ninety percent of where we’re at with this case is about the feelings of the victims,” Corrigan said after Thursday’s hearing in District Court. “They felt it was an accident.”

Corrigan said he strongly disagrees with those who claim Barkus would be getting a light sentence after originally being charged with three felonies. Barkus pleaded no contest to felony criminal endangerment Thursday and is awaiting a Jan. 20 sentencing hearing.

The proposed plea agreement would result in the dismissal of two negligent vehicular driving charges and a three-year deferred sentence in exchange for Barkus’s no contest plea to criminal endangerment.

“I don’t think it’s a soft sentence,” Corrigan said. “He’s being convicted of a felony.”

Frost, who was reportedly found unconscious and face-down in the water when a group of campers rushed to the chaotic crash scene, has no permanent injuries as a result of the crash, Corrigan said.

“Mr. Frost has provided me with a letter in which he implored me to reduce these charges to a misdemeanor,” Corrigan told District Judge John McKeon. “He’s of the opinion it’s probably a little harsher than it should be.”

Corrigan said he hasn’t spoken with Rehberg directly, though he had a brief conversation with Rehberg’s wife, Jan, who said she hoped the case would be resolved before a trial, which originally was scheduled to begin Nov. 29.

He also referred to a letter from Rehberg’s attorney that indicated the congressman would accept any conclusion reached through the criminal justice system.

Smith, Corrigan said, also approved the plea agreement.

“All three of these people have expressed a strong desire” to reach a resolution without a trial,” Corrigan said during the hearing.

Corrigan later added that none of the victims believed Barkus was intoxicated when the group left The Docks in Lakeside shortly before the 10 p.m. crash.

“I think otherwise,” Corrigan said.