State Sen. Greg Barkus pleaded not guilty to three felony charges resulting from an August boat crash on Flathead Lake that injured five people, including Congressman Denny Rehberg.
Lake County District Judge Kim Christopher presided over the Oct. 26 arraignment, despite a request for a new judge from Barkus’ attorney, Todd Glazier, filed late last week.
Christopher denied Glazier’s request for a judge substitution, saying Flathead County District Judge Stewart Stadler is the one with jurisdiction over substitution selection.
All three Flathead County district judges removed themselves after working with Barkus on legislation that would add more district judges to the area. The case was turned over to District Judge Nels Swandal of Livingston, but County Attorney Ed Corrigan filed for a substitution on Oct. 14.
At the arraignment, Glazier reserved his right to request a substitution judge later on. A pretrial hearing will be scheduled in the next 30 days.
Barkus, a 62-year-old Republican from Kalispell, used his walker to move at the arraignment. His pelvis was broken in the Aug. 27 crash that resulted in one count of criminal endangerment and two counts of negligent vehicular assault. If convicted on all charges, Barkus faces a maximum of 30 years in prison.
According to charging documents, Barkus was unsure what direction he was headed as he drove the group from Lakeside to Bigfork after dinner. The boat crashed on the rocks at Wayfarer’s State Park and investigators believe it could have been traveling at 40 mph.
Prosecutors say Barkus’ blood alcohol level was twice the legal driving limit, but Glazier disputed the tests. Rehberg’s State Director Dustin Frost suffered head injuries in the collision and was in a coma for several days. Rehberg broke his ankle and Barkus’ wife, Kathy, and Rehberg’s Deputy Chief of Staff Kristin Smith also sustained injuries.