After spending her holiday weekend busstorming Minnesota in support of continued white privilege and bad government, Governor Kristi Noem is slipping back across the border today to announce the status of the investigation into Attorney General Jason Ravnsborg’s killing of Joe Boever on Highway 14 in Hyde County last month.
But the press conference won’t be at the Capitol in Pierre. Noem was still out campaigning in Marshall, Minnesota, yesterday evening, so she’s holding this press conference in Sioux Falls, at City Hall, at 1 p.m. today. Get a room at the Holiday Inn, sleep in, brunch with Mayor Paul to make sure he’s knocked all those thoughts of primarying her out of his silly little head….
The Governor is not quite so accommodating of the state’s press. Arielle Zionts of the Rapid City Journal notes that Governor Noem has not yet offered a call-in option for today’s presser for reporters like Zionts who may not be able to drop everything and make the ten-hour round trip.
But wait: if we have an update on a manslaughter investigation by South Dakota’s highest law enforcement official, isn’t that news that we should get out as soon as possible? Why wait until 1 p.m. for Public Safety Secretary Craig Price to get to Sioux Falls? Why wait for more shamour shots for Kristi; why not put that information out right away and issue the arrest warrant to make sure the suspect can’t go on the lam?
Because there will be no arrest.
This is rank speculation, meaning responsible readers are welcome to ignore the rest of this blog post, but today’s staging, complete with a full day’s heads-up to ensure attention, signals that Governor Noem wants everyone to watch. The most avid 2024 campaigner in the country doesn’t ask for that kind of attention for bad news. Noem likely intends to put on a big show to exonerate her party’s dutiful servant. She’ll say the Attorney General did nothing prosecutable and conducted himself honorably after he crashed into Joe Boever, who was wearing dark clothes and had no business walking along a public highway and putting good and decent motorists like Ravnsborg at risk. (Apologies to Mr. Boever’s family and friends, some of whom are my friends—I’m channeling the Governor, not expressing my own thoughts.) After weeks of quiet backroom calculation, Noem and the SDGOP have apparently decided they are better served by keeping Ravnsborg on their string (oh, thank you, thank you for saving me, I’ll shred any files you ask!) than impeaching him and promoting some truly qualified, ambitious, and photogenic lawyer who might get big ideas of her own and upset the political balance.
And when the livestream is over, Noem will hop back on a bus to campaign some more in Minnesota.
As always, I could be wrong. Maybe all that “law and order” talk has trickled into Noem’s head and she plans to hold Ravnsborg accountable for his deathly bad driving. Maybe she’s realized that Ravnsborg is the perfect grist for her machine and she’ll announce his charges and his resignation to show how tough on crime and transparent she is.
But it seems more likely Noem is poised to take Ravnsborg crime about as seriously as she’s taken coronavirus… and she’ll tell Joe Boever’s family they have to exercise their personal responsibility to hold Ravnsborg accountable in a civil case.
The family will have to watch or read news coverage to learn about the status of the investigation. The standard weekly response when I call to ask the spokesman for the Department of Public Safety the status of the investigation is “the investigation is ongoing.” I always remind him how many days it has been since the crash.
As of yesterday afternoon the widow’s attorney had not been informed of the results of the investigation. Also yesterday SD Highway Patrolmen and the ND crash scene investigator were seen at the crash site, maybe they were rechecking their measurements, although there were new paint markings on the road that were not there previously.
“The investigation is ongoing.”
I determined the other night (driving in the dark), with either high or low beams, it would be impossible to not tell the difference between human and deer, even if one or the other darted out in front of the car. One would have to _really_ not be paying attention.
With the local % positive rate of covid tests now in the 30’s, Kristi could very well pick up the virus while in Sioux Falls. She has stated in the past that Sioux Falls was a dangerous place.
My concern is that she might pick up the virus and then infect some actually important republicans at Maralago when she reports there for her Halloween party in 2 weeks. She is a super spreader. It is known.
Hope you and yours are healing, Mr Nemec. Still under investigation is wingnut code for slapping on a coat of primer to ensure a better whitewash cover-up.
What is Michele Bachmann’s sister campaigning in MN for? Biden is up by 9-10 points here. Trump lost MN when he barked out his racist comments “when the looting starts the shooting starts”. That did not go over well at all to Minnesotans. Go Home, Kristi, do your job, South Dakotans need you to settle down.
Nick, how many more paint marks do they need? What evidence could they be discovering at the crash site more than four weeks after the crash that warrants more markings?
sx, would there be any way to test driver reactions and human/deer discernment? Could we replicate crash conditions with mere video, bring in 500 drivers, show them flash images of human or deer at night, and ask, which was it? It seems like it would be really hard to replicate conditions and get actionable data.
Jenny, she’s got to build her base so she can make the argument in 2024 that she can flip the states Trump lost. She’ll say she helped reduce his losing margin in Minnesota in 2020 and contend that, as a popular neighbor, she can win Minnesota.
But of course, Jenny, if she were playing 2024 really hard, she’d hang Ravnsborg out to dry this afternoon, just to show how tough she is on crime and corruption. Local GOPers would cry briefly, but she’s got their votes locked up. Demanding Ravnsborg’s resignation would win her big points among all of her out-of-state fans.
Oh yeah—forcing Ravnsborg to resign would also be a step toward justice, but that’s not part of any calculation taking place in Pierre or on Noem’s Trump tour bus right now.
Governor Noem has Corey Lewandowski advising her. Our local press has to be ready for the torrent of lies that are ahead. She is obviously running for President in 2024.
The press has to have her past quotes as well as COVID facts and figures at the ready. She cannot be allowed to blame “testing” for South Dakota’s rise in cases, as she did today.
I know a dozen people who have had the virus recently and it makes me furious to see her deceive us.
I said this on another post, earlier. I’d like Kristi explain how testing causes a spike in hospitalizations and deaths.
From the 911 call:
It sounds to me like Joe may have committed suicide.
Okay, it’s determined! sx123 solved it! Please take over the investigation and have a press conference announcing your astute “findings.” I look forward to the data.
Cory Booker asked ACB about peaceful transition of power just now and she wouldn’t answer but did say, after evident GOP coaching: to call it a Republic from now on, and stop talking about and calling it a Democracy. There is a reason (electors i suspect) Repubcats are messaging thusly.
And Kurt did you run for Governor? I can’t remember but you have now surpassed Steve making the dumbest, off color comment here, in your hurtful stigmatic injury you have just created for the Nemec family.
Or maybe the AG just said that to have it on record, Kurt. He sure didn’t sound worried about what he hit, and the 911 operator didn’t even ask him if what he hit happened to be in the highway or the ditch. No curiosity at all from the AG. hmmmm…….
With myself, I would be freaking out if I didn’t know what I hit. I tend to be highstrung anyway but just to say ‘Oh I hit something, don’t know what it was though and it was in the middle of the road.’ Why would he specifically say ‘middle’ of the road, why not just say on the road. I would think men, especially, would be really curious and think ‘dang WTH was that’, and go looking around for it. People don’t say when they hit a deer “I hit a deer and it was right in the middle of the road”. They just say “I hit a deer”.
Unfortunately this a such a partisan issue in one of the deepest of red states, we’ll probably never know the truth. The Secretary was very proud that their AG had a zero BAC level. Well, we all knew it was going to be zero. The secrecy in SD state govt is stunning and the thing is, people are just used to it. Again, no condolences to the Boever family at all from the governor. Wicked Witches don’t say that I guess. I’m so used to a compassionate empathetic governor with Tim Walz. He is such a genuine decent people person and ALWAYS sends condolences during public tragedies. The differences are startling.
Steve, I didn’t solve anything other than determine one would have to be sleeping or quite distracted or other to not tell if one hit a deer or not at night. Maybe I have really good headlights.
I just listened to the original 911 call. The AG said “I hit something”…”Sure smashed my windshield”. The dispatcher said “Do you think it was a deer or something?” The AG responded with “I HAVE NO IDEA”. He also said it was “in the MIDDLE OF THE ROAD”
So at the time, he has no idea. But later on when the realization becomes clear of what he had really done its FOR SURE HE THOUGHT HE HIT A DEER.
Also in the call he’s already trying to cover his tracks by saying it was in the middle of the road.
The words from a member of the SDGOP just can’t be trusted. Want to check out just how obsequiously smarmy your DC dunces have been? Click this link.
is.gd/QHm0U5
Timely blood test!! Who should have gotten that done? Local Sheriff! Gov started to turn press conference into a political advertisement!!
Another goppp white wash. Listening to the snippet of audio provided with Lee Strubinger’s report on SDPB my opinion is there is more to the call than what was released. the column was locked to prevent download, However I copied the the transcript as follows .
{The Department of Public Safety is releasing a toxicology report and audio of the 911 call from the night Attorney General Jason Ravnsborg struck and killed a Hyde County resident a month ago.
The crash occurred outside of the town of Highmore a half mile west of the US Highway 14 and South Dakota 47 junction on September 12th.
An autopsy determined the cause of Joseph Boever’s death was traumatic injuries due to a pedestrian-motor vehicle crash.
Highway patrol officers performed a blood draw on Ravnsborg at 1:30 pm the next day. The toxicology report show his blood-alcohol content at zero.
Craig Price is the Secretary of the Department of Public Safety. He says they try to turn around investigations within 30 days. Given the high-profile nature of this case, Price says it’s taking more time.
“There’s so many variables with each investigation,” Price says. “This one, we have variables such as North Dakota [Bureau of Criminal Investigation] agents that are working the case. For them to come down to South Dakota and work in the Highmore, Pierre area, they spent a day travelling down here. Stayed for a couple days, traveled home. We have the autopsy results we’re still waiting for from the Ramsey County Coronor’s office. Those things add to the complexity and somethings add to the timeline of what we’re expected to do.”
Ravnsborg is not on administrative leave. Governor Kristi Noem says she won’t weigh in on whether she thinks the Attorney General should take administrative leave while the investigation is ongoing.
She says she is in charge of the department conducting the investigation—the South Dakota Highway Patrol.
“They report to me,” Noem says. “That is why we brought in the North Dakota BCI to add some accountability to the investigative process. Then, also, brought in a reconstructionist that’s highly recommended at the national level to give us some more benefit of having a clearer picture in this specific case.”
Officials say the investigation may still take several weeks to complete.
Lee Strubinger is the politics and public policy reporter for SDPB.
The govenator what a piece of work, trump’s clone. Grrr
A deer’s eyes reflect back light at night from nearly any angle…headon, side, even turning away. Most, if not all, human eyes do not reflect light back. Had there been a deer anywhere near the middle of the road, or anywhere else the headlight beams shone, reflecting eyes would likely have been seen.
Having the killer and the sheriff wander around the scene without proper safeguards to any evidence found, likely contaminated the scene for forensic experts. Then going through it the next day didn’t help it, either.
Some of us expect less of wingnuts and we aren’t disappointed.
The Wicked Witch turned my cousin’s death into a political rally at the end, disgusting. Then the AG is more interested in his windshield being smashed in than finding out what he hit. America, welcome to sleazy SD state govt.
The pertinent Statutes, CHAPTER 32-34 ACCIDENTS AND ACCIDENT REPORTS
32-34-1, 32-34-2. Repealed.
32-34-3 Duty of vehicle operator to stop in case of accident–Information given–Aid to injured persons.
32-34-3.1 Immediate report to police authority when persons entitled to receive information are disabled–Violation as misdemeanor.
32-34-4 Duty to stop after accident with unattended vehicle or property–Leaving information–Report to police–Violation as misdemeanor.
32-34-5 Hit and run accident resulting in death or injury as felony.
32-34-6 Information furnished by driver involved in property damage accident–Failure as misdemeanor.
32-34-7 Duty to give immediate notice of accident to law enforcement officer–Violation as misdemeanor.
32-34-7.1 Repealed.
32-34-8 Physical incapacity of driver.
32-34-9 Duty of occupant of vehicle to give notice where driver is physically incapable–Violation as misdemeanor.
32-34-9.1 Repealed.
32-34-10 Duty of law enforcement officer upon receipt of notice of accident–Report to department.
32-34-11 Supplemental reports to department.
32-34-12 Adoption of uniform report form.
32-34-13 Accident reports not privileged–Fees for locating and furnishing reports.
32-34-13.1 Fees of local law enforcement personnel for furnishing copies of accident reports.
32-34-14 to 32-34-22. Repealed.
32-34-23 Repair of vehicle with reportable damage prohibited unless required notice affixed–Violation as misdemeanor.
https://sdlegislature.gov/Statutes/Codified_Laws/…
2019 South Dakota Codified Laws
Title 22 – Crimes
Chapter 16 – Homicide And Suicide
§ 22-16-41 Vehicular homicide.
Universal Citation: SD Codified L § 22-16-41 (2019)
22-16-41. Vehicular homicide. Any person who, while under the influence of alcohol, drugs, or substances in a manner and to a degree prohibited by § 32-23-1, without design to effect death, operates or drives a vehicle of any kind in a negligent manner and thereby causes the death of another person, including an unborn child, is guilty of vehicular homicide. Vehicular homicide is a Class 3 felony. In addition to any other penalty prescribed by law, the court shall order that the driver’s license of any person convicted of vehicular homicide be revoked for a period of not less than ten years from the date sentence is imposed or ten years from the date of initial release from imprisonment, whichever is later. In the event the person is returned to imprisonment prior to the completion of the period of driver’s license revocation, time spent imprisoned does not count toward fulfilling the period of revocation.
Source: SL 1983, ch 176, § 1; SL 1988, ch 186; SL 1993, ch 174, § 1; SL 1995, ch 122, § 8; SL 2000, ch 97, § 1; SL 2000, ch 98, § 1; SL 2006, ch 165, § 5; SL 2006, ch 168, § 16; SL 2009, ch 115, § 1.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
Someday there will be justice for Joe Boever’s family.
—
RE: 22-16-41: “unborn child” is an oxymoron – there is no such thing. It is either a child or unborn fetus. A child cannot be unborn any more than my grandfather can be undead. The SD legislature makes itself irrelevant.
A blood alcohol test as usually done which Ravnsborg took, as far as I can tell, is very unlikely to detect blood alcohol after such duration so seems questionable to administer in-and-of itself. An ethyl glucuronide (EtG) urine test can detect up to 26 hours later (some say 80) although it may give false positives (note the word “may,” since false negatives may result if alcohol or similar substances have been imbibed since the original drink in question). Nonetheless, if complete exoneration from alcohol is what is wanted, considering the lag between the original, putative drink and the test, one would expect more than a single kind of test would have been administered.
Second try on a comment;
In the press conference today, Price said the scene was secured a number of hours after the body was found. What was he so proud about. The tragedy occurred over 9- 10 hours before the body was found, and how long after the body was found was the site secured? How much evidence was compromised or contaminated during the that time, especially after the body was found, and in light of the fact that the AG was who hit the person, and who found the person, and who left the scene again to inform the sheriff?
Also, no alcohol was found in the blood test for which the draw was taken approx. 15 HOURS after the 911 call. What the heck did they expect. And why wait for hours after the body was found? Hell, even Otis, the town drunk of Mayberry would have tested at .0 alcohol 15 hours after his last drink.
Lastly, in his letter on official state stationary, Jason said “I hit a large animal (likely a deer)” Yet in the 911 call, he does not know what he hit. Over a day after the accident, comes the “likely a deer” comment in writing, yet that night, when he said it was in the road, and really smashed his windshield, he had no idea what he had hit. Sure Jason, a large animal, or a deer, or a human, or a UFO, they all hard to distinguish, especially when they, and I quote from the 911 call, “it sure hit me”. Damn car, it was all the cars fault.
It seems to be a bunch of blatant BS, from the top down, at least in my humble opinion.
Ravnsborg must have obtained his law degree from a cereal box,Kellyanne Conway has more credibility than our Attorney General and our Governor.
“I hit something IN THE MIDDLE OF THE ROAD,” is what I hear in the call to the dispatcher. Not something in peripheral view on the shoulder. If one hit something head on and was paying attention, one would think if driving conscientiously one would know a deer from a human.
https://video.foxnews.com/v/6200323007001#sp=show-clips
In the middle of the road?
You mean to tell me an object was in the middle of the road and he couldn’t or didn’t see it despite having headlights that shoot 10s of thousands of lumens of light hundreds of feet in front of his car?
In my mind that just makes him all the more culpable for this person’s death. Someone who cannot identify an object in the middle of the road while traveling at posted speeds is a danger to us all and has no business driving. It’s unfortunate he couldn’t muster up the courage to do the right thing and show some of that personal responsibility his party likes to talk about so much.
2 of my takeaways from the 911 audio.
For someone who inevitable travels that route routinely, he seems unsure where he is at. I suspect he was checking his mirror or was outside his car looking back to make sure where he was at. With the various businesses along US14, it would not take much of a look to figure out where you are at if you are familiar with Highmore. I’ll let people come to there own conclusion on why this was.
I would have expected the 911 call to last longer. The first time someone is asked if there are injured, many people will indicate they are not. Once the 911 caller and dispatcher get more familiar with each other and before the call ends, I would have expect the 911 dispatcher to ask again if there were any injuries. I would have expected a question if there was any passengers or if passengers were injured. Another question I would have expected to be asked is if the vehicle is drivable or needs a tow. Also before ending the call, I would have expected the dispatcher to verify location again if that data from the cellphone was not being shown on the dispatchers system. I would have even expected a suggestion from the dispatcher to put the hazard flashers on. Call just seems incomplete for what I would have expected or experienced. Maybe dispatchers were extremely busy and I’m reading too much into the short call.
Mr. Boever was “in the middle of the road” from Ravsbutt’s perspective as he tried to keep his booze bleary eyes open and drifted onto the shoulder of the highway. Remember where the tire marks were as Ravsbutt claims to have been in “the middle of the road.”
Oust Mr. Ravnsborg now. The legislatures must act.
Jenny writes:
I’m not sure. Maybe he called 911 before he got out to investigate, and he thought he should let the authorities know that whatever he’d hit might still be in the driving lanes.
This is a perfect example of why these types of so called investigations are dragged out seeming forever, lawyers are keenly aware of the short attention span of the public, in the era of lying Donald J Trump this phenomena is amplified ad nauseam.
I am very pleased that this platform allows many of us, mostly like minded, an opportunity to opine and call out injustice, foul play, and the never ending attacks on democracy and the rule of law. Thanks Cory
https://dakotafreepress.com/2020/09/16/nemec-visits-scene-where-ravnsborg-killed-his-cousin-finds-skid-marks-and-blood-on-highway-14-shoulder-red-taurus-hauled-back-to-highmore-from-
pierre/
“Middle of the road” could, if course, mean “Middle of my line of sight” whether his eyes were on the road or elsewhere.
Bill Kennedy writes:
Ravnsborg’s letter actually said:
The only contradiction here is a result of Bill’s misquotation.
The AG specifically said ‘middle of the road’ so he could have that on the record but he was really on the shoulder when he hit Boever. The broken windshild is on the right side and the skid marks evidence show that he swerved onto the shoulder. He was probably in a hurry to get back to Pierre, being tired from a long weekend.
The sheriff made some mistakes definitely, but he is known as a decent guy around Highmore, not a redneck type. He is an Indpendent and did not endorse Ravnsborg. Any small town sheriff would have loaned their car in this predicament. The sheriff had also requested to get the speed limit changed in that area before this happened.
Why all the secrecy with not letting people see the car? What is there to hide? This just gets to me and I don’t know how South Dakotas can stand that BS. If it were not for the person that snapped that one picture, we would not have been able to ever see the AGs car! Disgusting bunch of corrupt republican cronies. The AG won’t get anything but a slap on their wrist. Mark my word.
Looks from reading the statute on Vehicular Homicide that potential charge is going no where. It specifically says drugs or alcohol have to be involved. I don’t know how that could ever be proven beyond a reasonable doubt when the Sheriff loans the AG his car and then there is a zero blood test.
Then same with other set about “ hit and run” statutes 32-34. We now have facts that the AG did call 911, the Sheriff came to the seen, clearly the Sheriff knew him and had his name and seems to have complied with his instructions and was allowed to leave. So again objectively comparing the facts we know and the law supplied here it looks like no charges on this front.
Anyone disagree?
Good discussion!
Jenny writes:
If Ravnsborg didn’t know he’d hit a person, why would he have wanted anything “on the record”?
Are you suggesting he waited patiently for law enforcement to arrive knowing the dead or dying body of the man he’d struck was lying in the ditch a few feet away?
Ravnsborg was more worried about having been speeding and not paying attention to the road than finding out what he hit. Maybe he had music on way up, probably tired from a long weekend and was speeding recklessly to get home. I’m not specifically saying he knew a dead body was on the road or in the ditch (and Joe Boever would automatically have died with injuries like that). His mind was just more focused on in his windshield damage and having to call for help. He swerved onto the shoulder because of speeding recklessly and Boever happened to be right in the spot where he swerved. Tiredness and speeding are playing against Ravnsborg. There are lots people who don’t pay attention to their driving when they’re in a hurry to get someplace.
I think he specifically said ‘middle’ of the road to protect himself in court.
Bill Kennedy writes:
Lastly, in his letter on official state stationary, Jason said “I hit a large animal (likely a deer)” Yet in the 911 call, he does not know what he hit.
Ravnsborg’s letter actually said:
… my vehicle struck something that I believed to be a large animal (likely a deer). I didn’t see what I hit …
The only contradiction here is a result of Bill’s misquotation.
Sorry Kurt,I did not get the wording right. First of all,it was not Jason who it something,it was his vehicle. Secondly I mistakenly did not include the wording “something that I believed to be” in front of “a large animal (likely a deer)”. I admit it, I did not get the wording exactly as it was.
I am curious as to if he did hit something in the middle of the road, why it was the right front fender and headlight that were so badly damaged in the photo of the car? If what ever he hit, be it a large animal, deer, human or UFO; why would the right front fender of the car be positioned in the middle of the road? If I am driving in my lane, and trying to avoid something in the middle of the road, I sure as heck do not swerve to the left, across the middle of the road to avoid it. Instead, I steer to the right, which would put the damaged right front fender further from the middle of the road. But that is just me, so I am probably mistaken in my thinking. My apology in advance for any errors in my post, as they are not intentional.
https://www.cnn.com/2020/10/14/us/south-dakota-attorney-general-crash-investigation-911-calls/index.html
https://www.nbcnews.com/news/us-news/man-struck-south-dakota-ag-s-car-died-vehicle-impact-n1243208
Warning! warning! warning! CNN link contains pic of Ravnsborg that morphs into Buddy Hackett if you look at it too long.
This is one trick pony Northern mississippi you are arguing about. What does it matter what Ravnsborg says or how he said it? You’ll get justice the day pink prairie dogs fly on their own.
It matters a lot, MFI. The brothers of the cousin should really have known a lot better than to talk about Joe’s medical history also. That was a huge violation of HIPAA . You can’t disclose a deceased person’s medical history for fifty years after their death. I don’t like to speak out against members of my own family but just letting everyone know the federal rules. So now there is gossip that Boever commited suicide because confidential medical information was disclosed to the public.
I agree that it is unlikely that the Attorney General would be charged with vehicular homicide, as there seems to be no evidence that he was under the influence of alcohol or any illegal substance. But there are other crimes that a driver who kills somebody might be prosecuted for, including reckless driving and careless driving.
I am not weighing in on whether or not the AG should be charged with any crime, but I am weighing in on the issue of whether that decision should be made by a fair objective person through a fair, non-political process. Right now, the Governor has entrusted a local State’s Attorney with the duty of deciding whether or not her direct supervisor should be charged with an offense.
The powers of the Attorney General are set forth in SDCL 1-11. That statute provides, in relevant part, that it is the duty and power of the AG to “consult with, advise, and exercise supervision over the several state’s attorneys of the state in matters pertaining to the duties of their office [.]”
The State’s Attorney has an obvious conflict of interest here and it is the clear duty of the Governor to have a special prosecutor appointed to make the prosecutorial decision of whether the Attorney General should be charged with a crime.
To appoint someone who is supervised by the Attorney General to decide whether the Attorney General should be prosecuted has all the appearances and the foul smell of a political coverup.
John, it looks to me like if the facts do not fit into the definition you cite because of the lack of evidence showing alcohol or drug use, Ravnsburg could still face charges of Manslaughter in the second degree. SDCL 22-16-20 provides:
In the alternative, it appears that Ravnsburg could also be charged with Manslaughter in the first degree under SDCL 22-16-15, which provides:
The South Dakota Supreme Court has ruled that an automobile can meet the definition of “dangerous weapon” if a jury finds as a matter of fact that “the manner in which it is used is likely to inflict death or serious bodily harm, ” which is the language of SDCL 22-1-2 (10), defining “dangerous weapon.” See, e.g. State v. Stetter, 513 N.W.2d 87 (SD 1994), where the Court upheld a jury instruction to that effect in a case charging manslaughter involving a pedestrian death.
https://law.justia.com/cases/south-dakota/supreme-court/1994/17989-1.html
And Jenny, I could be wrong but I think HIPAA only limits disclosures by people who provided medical treatment. I don’t think it places an such limits of friends, relatives of the person treated, or other non-providers.
To many investigators involved so it will take a long time to sort out the political payoffs to get everyone on the same page of blaming Joe Boever.
It was still inappropriate to disclose private medical information to the media. I know Joe Boever wouldn’t have liked it, he was known as a private person. I also understand that Nick and Victor Nemec were probably in shock over their cousin’s death also and people will say things when their mind is in shock that is best kept to themselves and/or trusted close family members.
The media is also good at probing family members in situations like this to disclose as much information as possible for ratings.
I do not know who was there but when there is a gathering of political figures it seems to be reasonable to expect that someone would have observed the activities and demeanor of the Attorney General. When it is so obvious that a cover-up is underway, I begin to think that the system is so convoluted that we will have to accept that we are faced with the existential threat of tribalism.
Jenny writes:
If Ravnsborg didn’t know he’d hit a person, why would he have been trying to protect himself in court?
That would have been a freakish coincidence if it had actually happened. Why would Ravnsborg have slammed on his antilock brakes early enough to leave skid marks at the supposed point of impact, but not steered back into the driving lanes?
I appreciate their honesty.
Bill Kennedy writes:
Well, I’m not the one you suggested was engaging in “blatant BS” and intentionally compromising evidence, so I can easily accept your apology. Thanks.
Ravnsborg was probably referring generally to the driving lanes as the “middle” of the paved surface, not specifically to the center line.
Mr. Kurt Evans
I’m sure we can all agree this whole thing is an absolute tragedy for all involved.
If AG DID NOT drift off the side of the road, wouldn’t there be tire-skid marks on the middle if the right lane?
Ravnsborg was probably referring generally to the driving lanes as the “middle” of the paved surface, not specifically to the center line.
Rank speculation at best. Why not take him at his word and allow he hogged the middle of the road? Get drumpf involved then the object that Ravnsborg hit would be classified as a violent antifa/BLM protester and got what it deserved.
Cody asks:
Last month I’d written:
There’s more about that event in my comment at this link:
https://dakotafreepress.com/2020/09/19/crash-experts-cast-doubt-on-ravnsborgs-deer-story-say-shoulder-skid-marks-indicate-clear-negligence/#comment-228584
A person traveling at highway speeds has plenty of time to steer out of the driving lane before he or she can apply the brakes, and antilock brakes don’t normally leave skid marks at the point where they’re initially applied. In Ravnsborg’s case, the force of the impact itself might have angled his vehicle toward the right shoulder.
I’d written:
“mike from iowa” asks:
I haven’t seen persuasive evidence that he “hogged” anything.
Mr. Kurt Evans
I think (and correct me if I am wrong) what you are implying is that Mr. Boever committed suicide. Did he leave his home that evening knowing someone would be driving down that particular road at the precise time he was out? Wow. That is quite remarkable!
Cody writes:
You’re wrong. I don’t know whether Joe committed suicide.
I don’t know that either.
What’s remarkable? Your ability to brazenly misrepresent my words?
Kurt Evans
Am I? You’ve implied it before:
“It sounds to me like Joe may have committed suicide” Kurt Evans, Previous post
Have a nice rest of your evening.
Let’s take Kurt Evans at his word and pretend the middle of the road is the middle of the lane you are allegedly driving in. Then it seems logical for Ravnsborg’s vehicle to be straddling the center line to line up his right side headlight with the middle of the lane. So it appears the AG vas driving illegally since he never said he swerved to miss something he claimed he did not see.
ps it is spitting snow in Obrien co iowa right now and my propane tank went empty Saturday evening or Sunday.
The more I listen to the 911 call, the more it sounds like PERHAPS he knew right from the start exactly what (who) he hit. And PERHAPS he knew right away his best defense was going to be the deer story, and that he was careful not to imply that very hard on his own. He wanted the dispatcher to say it, then downplay it himself. Just did not want to come across as too obvious.
But hey, what do I know?
“mike from iowa” writes:
That isn’t what I’d said. I’d said Ravnsborg was probably referring generally to the driving lanes as the “middle” of the paved surface.
I’d written to Cody:
Cody asks:
Yes, you are.
Cody writes:
I don’t know whether he committed suicide. It sounds to me like he may have, but the word implied indicates a more definite or logical relation.
What I’ve implied, in response to your original hypothetical, is that an unanticipated collision in the right lane wouldn’t necessarily leave skid marks in the right lane.
Good question. Do you know why Ravnsborg would have slammed on his antilock brakes early enough to leave skid marks at the supposed point of impact, but not steered back into the driving lanes?
And do you know why his “best defense” would have been saying the person was in the driving lanes, but denying he saw the person?
ABS brakes are designed not to lock up and leave solid skid marks. They hold and release, hold and release so the marks look like a dotted line.
Kurt Evans: Do you know why Ravnsborg would have slammed on his antilock brakes early enough to leave skid marks at the supposed point of impact, but not steered back into the driving lanes
Maybe because he knew he was already on the shoulder of the road when and right after impact?
Listen, I personally really hope he is being 100% truthful with everything and has the best of intentions, and was not negligent. It just doesn’t seem to point in that direction for me right now.
I’d asked Cody:
Cody writes:
Why wouldn’t he have steered back into the driving lanes before impact, at the same time as he began moving his foot toward the brake pedal?
Kurt-earlier I critiqued your conclusion or implication that:
“It sounds to me like Joe may have committed suicide” Kurt Evans, Previous post
Now: “I don’t know whether he committed suicide. It sounds to me like he may have, but the word implied indicates” blah blah blah.
Then you attempt to distract from your conclusion or implication.
“What I’ve implied, in response to your original hypothetical, is that an unanticipated collision…” blah blah blah.
I now understand perhaps a family member mentioned mental health but you are the 1st I have read that gave a bald assumption of suicide apparently based on the AG’s self serving statement.
You are publicly discussing, in print, suppositions that in an extremely stigmatic society, will likely hurt the victim’s family more so. You just don’t care?
I ordinarily wouldn’t call you out as your politics are of no interest, but you bring it on with this morbid and righteous persistence. Please stop. You are like the red neck who selfishly can’t/won’t empathize in the grief for a pandemic victim.
Kurt Evans
Dude…just stop. I mean come on man. I looked you up and saw your debate with Governor Noem & Billie Sutton (Which, you frankly would not appreciate a critique of your performance & the poorly chosen points you attempted to make), so your obviously trying to further your career here in SD. So please. I’ll ask you again. Please stop
Kurt is kind of different, Cody. I don’t know if he is on the spectrum or what but he is definitely bizarre.
Just let it go. This is getting too weird when Kurt has to copy everyone’s comments, kind of creepy. He has always done that and he must have some kind of psychological diagnosis for why he does that. It looks like he may be on the autism spectrum or have OCD.
Kurt writes “Why wouldn’t he have steered back into the driving lanes before impact, at the same time as he began moving his foot toward the brake pedal?”
Why would he do that if, as he claimed, he never saw what he hit?
Attention Kurt Evans:
This is off topic. I want to apologize for my disparaging remarks I made about your debate performance. It was inappropriate, and I should not have gone there. If I could, I would delete them.I am sorry. I cannot imagine how challenging it would be to debate in front of a camera. I personally could not, and if I were to try I would absolutely be a disaster. I respect your efforts and the guts it must have took to run.
I’d written:
“leslie” writes:
I’ve never stated any assumption of suicide.
Yes, I care.
Jenny writes:
You’re such a ridiculous liar.
Cody had written:
I’d asked Cody:
“mike from iowa” writes:
He obviously wouldn’t, but Cody is suggesting he did see what he hit.
Cody writes to me:
How do you claim to know I wouldn’t appreciate it?
And do you know why Ravnsborg would have slammed on his antilock brakes early enough to leave skid marks at the supposed point of impact, but not steered back into the driving lanes?
And do you know why what you call his “best defense” would have been saying the person was in the driving lanes, but denying he saw the person?
Kurt Evans
You’re too late Kurt. You should have asked that question about the debate before I apologized.
Now, I AM DONE POSTING ON THIS THREAD.
Kurt, I hope you find peace.
I’m with Mr. Evans. And I found his debate very entertaining, way back there in the day.
Cody writes to me:
Thanks. I didn’t find those remarks especially offensive, but I respect your ability to humble yourself and write a coherent apology.
Just for the record, I hadn’t seen your apology before I posted my previous comment.
It does take a while to quote every statement. I can understand Mr. Evans having not seen Mr. Cody’s apology before he got his missive at 19:00 launched. As usual, grudznick is the voice of reason and peace. Let us all move along now.
Jenny, it does appear to mirror ADHD or OCD symptoms because it’s so managed, controlled and rigid. Since Kurt clearly doesn’t like to talk about it, oh well. Whatever works for him.
Jenny had written:
Deb Geelsdottir adds:
Do you have a costume for Halloween, Deb, or are you just planning to dress up as a witch?
See how it feels like to have people speculate about you, Kurt? Commenting publicly about my cousin Joe Boever looking like he committed suicide is unecessary and just causes hurt for the family.
You called me a ridiculous liar so I know you didn’t like me commenting that you could have OCD, but you are the ONLY person I’ve ever known that copies everyone’s comments on a thread.
Just let it go, Kurt. Choose your battles wisely.
Good point, Jenny. I hope he’s learned something. I’m going to let it go now.
Jenny asks:
Yes, but I’ve found your speculation less offensive than your outright lying.
If you really believe that, then why do you keep commenting publicly about it?
Deb Geelsdottir writes:
Atta girl, Debbo. Hop onto your broom and fly away.
Geesh Kurt Evans, you’re kind of a nasty boy with that trash talk. Be careful or someone may think you’re a misogynist.
Take a breather and check out that Blue Moon, no, not the one you swill, but the real deal. That might mellow your crankiness out a little.
“jerry” writes to me:
Deb Geelsdottir has been publicly suggesting I’m a misogynist for years.
I couldn’t and wouldn’t argue with Ms. Debbo’s observations.
Kurt Evans’ speculation on Ravnsborg innocence and Boever’s possible culpability is really disgusting in light of reading the police report released yesterday.
I’d written:
“jerry” writes:
So according to you and Deb, my “trash talk” indicates hatred, and my “managed” and “controlled” responses indicate psychological disorders. It’s tempting to explain what Deb’s smug, third-person, passive-aggression indicates, but this discussion seems to be drifting off topic.
Paul writes:
You may be even more disgusted if I ever publish my opinion of that report.
Kurt Evans writes:
“You may be even more disgusted if I ever publish my opinion of that report”
Kurt, what in the world could you possibly mean by this statement?
Yeah Kurt, what do you mean?
Don’t take bait, folks. If an individual has something to say, an individual will say it.
I can’t think of any good reason to speculate beyond the facts of the report to try exonerating Jason Ravnsborg. Why protect the powerful? Why excuse their fatal errors?
I have spent more time at and examining the crime scene than any other person with the possible exception of some of the investigators. I have also spent too much time reading comment sections of articles about my cousin Joe Boever’s death at the hands of Jason Ravnsborg. Every comment section has know-it-all investigators who have never been closer to the crime scene than their keyboard. They are usually wrong and in some cases spectacularly wrong. The perpetrator is a high ranking elected official and has bus loads of syncophants willing to do or say nearly anything to clear his name. I have learned it is best to ignore them, they can’t be stopped.
Why read anything published by Kurt Evans, who has never been right about anything?
But even I want to see his parsing of the Ravnsborg report.
“…..have learned it is best to ignore them, they can’t be stopped”
Mr. Nemec,
You’re right, they can’t be stopped. However, they CAN and should be discredited IMO.
I cannot imagine what you have been going through, my thoughts and prayers are with you and your family.
The evidence is plain, and it squares with what Nick Nemec has reported.
Jason Ravnsborg killed a man through negligence. Jason Ravnsborg should be fired from his law enforcement job and prosecuted in court.
Obstruction of justice, providing false statements, lying to police, dishonest 911 call, etc.
Nick Nemec writes:
Hey Nick, many people I’ve cared about have died as a result of extremely violent motor vehicle accidents, including but not limited to a 17-year-old girl, a 14-year-old girl, my 54-year-old father, and a friend from my days in the SDSU Democrats who was planning her wedding when she was killed.
I’m very sorry for your loss.
Thank you Mr. Evans.
Cody, throughout the two months since the killing of my cousin I have pointed out false narratives when I became aware of them. I have no doubt I have only seen a fraction of them.
Cory, early on I decided the last thing Cousin Joe Boever needed was false information about his death being spread by me. The truth will set you free. As you noted everything I have reported here or other places has born out to be true based on the information the Department of Public Safety has released in dribs and drabs. I can pack up with documented evidence every statement I have made.
I’d written to Nick Nemec:
Nick replies:
And thank you for conducting a timely and transparent investigation that frankly puts the government to shame.
Are you open to answering a few questions about the accident and the reports? I’ve often tried to use questions to pin people down here, but in this case I’m making a sincere effort to understand what happened.
Was there just one continuous set of skid marks? If so, what was its total length? In how many places did you find blood on the surface of the roadway? Where were those places relative to the beginning of the skid marks?
If you don’t want to reopen this discussion here, feel free to not respond at all. Thanks.
I’d written:
I was wondering whether the internet would have preserved any record of a 21-year-old woman killed in a 1991 car accident. I didn’t find much, but I found an upload of her senior yearbook from high school:
Wow. It’s a small world and an even smaller state. Was that your freshman year, Cory?