Attorney says crash was an accident

The attorney for Greg Barkus is disputing claims that the Kalispell Republican received special treatment in reaching a plea deal with prosecutors.

Todd Glazier said the agreement — which calls for a deferred three-year sentence and the dismissal of felony assault charges in return for a no contest plea to criminal endangerment — is in line with what other citizens would receive.

The six-page plea agreement document was filed late Tuesday in Flathead County District Court.

“Sometimes an accident is just an accident, and not every accident has to end in some sort of criminal conviction,” Glazier said. “While this case is ending this way, I don’t think it deserves to be.”

The Kalispell-based attorney continues to dispute allegations that Barkus was intoxicated when he crashed into a rocky shoreline at Wayfarers State Park just after 10 p.m. on Aug. 27, 2009.

Barkus and his wife, Kathy, along with U.S. Rep. Denny Rehberg and two members of Rehberg’s staff, were aboard Barkus’ 22-foot boat en route to Marina Kay following dinner at a Lakeside restaurant.

Barkus later told the Inter Lake that he had no memory of the boat crash.

Prosecutors, who believe the boat was likely traveling more than 40 mph at impact, allege Barkus had a blood-alcohol level of at least .16 — or twice the legal limit for impairment — at the time of the crash.

Rehberg, who registered .05 three hours after the crash, has said Barkus did not appear to be intoxicated and that he was surprised by the results of Barkus’ blood-alcohol tests.

“There is not a single person that proclaimed he was intoxicated out of hundreds of witnesses,” Glazier said.

Rather than alcohol consumption, Glazier maintains that it was a faulty Global Positioning System that Barkus relied on aboard the boat that led to the crash.

By pleading to one felony charge, Glazier said, Barkus is taking responsibility for the crash, which he considers an accident rather than the result of criminal activity.

“He’s saving the taxpayers a $100,000 bill by biting the bullet here,” Glazier said in reference to the estimated cost of taking the case to trial.

There still is a possibility the case could proceed to trial.

By pleading no contest, Barkus reserves the right to withdraw his plea if District Judge John McKeon does not follow the recommendations of the plea agreement in delivering a sentence.

“That’s still on the table,” Glazier said.

McKeon had not scheduled a change-of-plea hearing as of Wednesday afternoon. The trial was scheduled to begin Nov. 29.

Flathead County Attorney Ed Corrigan was not available for comment and a call to his Office Administrator, Vickie Eggum, was not returned.

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