Attorney General Jason Ravnsborg will face three misdemeanor charges for his role in the fatal car versus pedestrian crash that took place last summer. The crash killed Highmore resident Joe Boever.
The counts are careless driving, a lane violation and operating a motor vehicle while using a mobile device. The charges don’t allege criminal intent.
Prosecutors stress Attorney General Ravnsborg was not using his cell phone during the point of impact, but about a minute before. They say a blood-alcohol test shows Ravnsborg was not intoxicated while driving.
Because he was not intoxicated, the prosecutors could not pursue vehicular homicide. The state does not have a negligent homicide law on the books. Michael Moore is the State's Attorney for Beadle County.
“When we don’t have a negligent homicide in this state, we’re faced with recklessness,” Moore says. “Recklessness is a extremely high burden for us to establish. In this case, we don’t have it. I don’t feel good about it, but it’s the right decision.”
A spokesperson for the Attorney General says Ravnsborg is not planning on resigning and that he’s not been given the serving documents yet.
The victim, Joe Boever was walking on the shoulder at the time of the accident and was found on the side of the road the morning after the collision. His cousin says he’s disappointed. Nick Nemec says he’s not surprised about the charges brought against the attorney general.
“According to state law if nobody sees you and you see a pedestrian and you’re not drunk you can run over them and get away with a misdemeanor charge,” Nemec says. “That’s what state law allows for. It doesn’t matter if Ravnsborg saw Joe or not.”
Governor Kristi Noem says she’s not going to comment on Hyde County deputy State’s Attorney Emily Sovell’s decision. Noem says she’s directing the Department of Public Safety to share additional details of the investigation within the next week.