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Barkus pleads not guilty to felonies

by Jasmine Linabary
| October 29, 2009 11:00 PM

State Sen. Greg Barkus pleaded not guilty this week to three felony charges stemming from an August boat crash on Flathead Lake that injured five people, including U.S. Rep. Denny Rehberg.

Barkus, R-Kalispell, faces one count of criminal endangerment and two counts of negligent vehicular assault for the crash, which took place just south of Wayfarers State Park on Flathead Lake. Barkus was driving his speedboat when it crashed onto the rocks Aug. 27 as the party of five returned from a dinner in Lakeside on their way to Marina Cay Resort, where Rehberg was staying.

Prosecutors allege that Barkus' blood alcohol level was twice the legal driving limit roughly two hours after the accident, a claim Barkus' attorney contests.

Barkus, 62, was arraigned Monday in Kalispell before Lake County District Court Judge Kim Christopher. She was assigned to the case after prosecutors requested District Court Judge William Nels Swandal be removed.

Swandal, of Livingston, was presiding over court proceedings involving Barkus after all three of Flathead County's judges removed themselves from the case because of their relationships with the senator.

Prior to accepting Barkus' plea, Christopher entertained a motion from his attorney, Todd Glazier, challenging her appointment by Flathead District Judge Stu Stadler, who originally had jurisdiction over the case. Glazier said he believed Swandal not Stadler had that authority.

The motion was denied. Glazier still has an option to submit his own request for a new judge within 10 days of the current appointment.

Barkus appeared in court Monday with the support of a walker.

He is still recovering from injuries sustained in the crash, including a broken pelvis.

Rehberg suffered a broken left ankle that required surgery. Rehberg staffer Dustin Frost was the most seriously injured, incurring a significant head injury that put him in a coma for several days.

Barkus' wife, Kathleen, and Kristin Smith, another Rehberg staffer, also had minor injuries.

If convicted on all counts, Barkus could face a maximum sentence of 30 years in prison and $70,000 in fines.

Christopher said she will schedule a pretrial hearing in approximately 30 days.