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 James Owen Prather |
James Owen Prather was scheduled for a court appearance Tuesday but instead entered his not guilty pleas in writing.
The 57-year-old Spencer man faces charges of vehicular homicide, serious injury by a motor vehicle and leaving the scene of an accident resulting in death.
He waived his right to be tried within 90 days. Judge Nancy Whittenburg set a 9:30 a.m. Dec. 2 trial date for Prather.
The vehicular homicide charge is a Class B felony and carries a penalty of no more than 25 years in prison. The remaining charges are Class D felonies and each carry a fine of $750 to $7,500 as well as a penalty of no more than five years in prison.
Charges were filed after the Spencer Police Department responded to a hit-and-run crash on the evening of Aug. 4 involving a sports utility vehicle, which rear-ended a motorcycle as both vehicles were traveling east on U.S. Highway 18 near the area of Del's Garden Center.
Both riders were thrown from the motorcycle and were transported to the Spencer Hospital by ambulance. They were later transported by emergency helicopter to a trauma center in Sioux Falls, S.D. The driver, 30-year-old Brian Beck of Spencer, passed away, two days later, from injuries sustained in the crash.
Beck's passenger was 19-year-old Krystal Plagman of Marathon. She has since been released from the hospital.
The SUV continued east on Highway 18 and left the scene. It was located a short time later at the Country Villa Trailer Court just south of Spencer. Investigation by officers resulted in Prather's arrest.
Officers and the county attorney's office believe alcohol was a factor in the crash. An accusation of operating while intoxicated is included as part of the vehicular homicide charge.
Prather is represented by Eldon J. Winkel of Algona. The charges were filed through Clay County Attorney Michael Houchins' office.
Reply to sara51301 "So if you ask me I dont know that I would be so quick to jump on the innocent until proven guilty train." FYI the innocent until proven guilty train happens to be your right in this great country. If you were accused of a crime would you want to be thrown in jail without a trial because everyone knows you're guilty. Let the judicial system do its job.....
No violet_51301, I am not a relative, nor am I passing judgement. I am not trying to be inconsiderate of the Beck family, I am just stating the facts. I'm certain Mr. Prather will pay in one way or another for the crime in which he has been accused of, there seems to be quite a bit of evidence that points to a guilty verdict. However he deserves to make his case through due process.
What I said was innocent until proven guilty. If he's guilty, then let the law run it's course. Seems like we have quite a few judges and prosecutors ready for the lynching before the trial even starts. I'm not saying he's guilty, I'm not saying he's innocent, I don't even know the guy, all I'm saying is you people need to read the amendments to the U.S. Constitution starting with the 5th. My sympathy goes out to the family and friends of Brian and if you must know, I have lost someone in an alcohol related tradgedy.
I understand due process, and I understand innocent until proven guilty. But what I dont understand is how so many are quick to chant that he is innocent. He caused the accident and was charged with OWI. If you ask me he is NOT INNOCENT. I bet if the shoe was on the other foot and it was your family this happened too you wouldn't be so quick to say he is innocent. This man's alcohol not only has affected his life, but now has affected a son (who will grow up w/out Brian), a wife - who loved him to no end, his parents - who shouldnt have had to bury him - his friends. So if you ask me I dont know that I would be so quick to jump on the innocent until proven guilty train. Just think it might be your family someday, and then what would you think?
"I love the way the media railroads everyone in this town," mistert?
The story seems pretty straightforward to me. it talks about the charges filed, why they were filed and starts with the fact that he has entered a not guilty plea and has a court date. Get used to reading crime stories or avoid them altogether. The accusations come out first. That's where we're at now. Then the defendant will respond, if they even have a defense. Otherwise we'll see a guilty plea and some sentencing. People want to know how this turns out because people know a life didn't have to come to an end that night. Just because you may not be able to handle the process doesn't mean the guy's being railroaded.
Let's not forget that there is an eleven year old boy that has lost his father, and won't be going to Cub Scout meetings or spending Christmas or birthdays with his dad ever again. There is a wife that sleeps alone in her bed. She won't get to celebrate their first wedding anniversary with him. There are his parents, who laid him to rest, something no parent should ever have to do.
The law says innocent until proven guilty, THEN throw him jail and forget about him.
CULTURE WARRIOR WHAT ABOUT THE WITNESS STATMENTS DONT THAT COUNT AS A FACT EVEN IF ITS 1 WITNESS. OR WHAT IF IT WAS A FAMILY MEMBER OF YOURS. TALK ABOUT CRITCIZE I SAY YOU YOUR SELF ARE PASSING JUDGMENT TO OR HE MUST BE A RELATION OF YOURS
I posted a comment a week or so ago stating that it's a tragic event for both families. Again, I cannot imagine the loss that the Beck family feels right now, but let's remember there is a due process to follow with the law. By the way granny58, Mr. Prather is not in jail, but working at his regular job - innocent until proven guilty of the crime in which accused.
wow well folks would anyone rather have this person on the street ? Drunk and then hit you? Or rather have him behind bars were he needs to be and cant drink at all ...VOTE YES YES YES KEEP HIM BEHIND BARS NOT THE ONE YOU DRINK IN EITHER
If he's guilty then you can criticize but until all the facts come out, don't be so quick to judge. Whatever happened to innocent until PROVEN guilty. I love the way the media railroads everyone in this town.
Wow - drink, drive, leave an accident, have someone die as a result of my accident and get no more than 25 years for that particular crime ... what a society we live in! Is this guy still in jail with taxpayers paying for him to be there? Talk about a crying shame!